IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20072 of 2011 Bipin Kumar & Ors. Versus The State Of Bihar ----------- 02/ 8th July 2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Informant, Awadh Kishore Prasad alleged that during the course of an altercation having going on in between his brother, Rameshwar Prasad at one side and Mangal Prasad, Bipin Kumar and Anant Kumar on the other, he intervened and on account thereof on the order of Mangal Prasad, Bipin Kumar shot a fire. However, no fire arm injury was sustained by anyone which was any how snatched away from him. Later on, he was assaulted by Mangal Prasad and Anant Kumar by means of sickle at different parts of body. They have also pressed the neck in order to do away his life. Contention on behalf of the petitioners is that save and except Section 27 of the Arms Act, other Sections where-under case has been registered happen to be bailable one. The nature of the allegation does not 2 justify application of Section 27 of the Arms Act because of the fact that no gun shot injury has been sustained by the prosecution party. The present dispute appears to be in the background of land dispute going on amongst the parties. Learned APP opposes the prayer and submits that the nature of allegation speaks that petitioner instead of coming to the Hon’ble High Court should have taken a proper recourse by having their presence before the learned Lower Court with a prayer of regular bail. Taking into account the nature of allegation, petitioners, namely, 1) Bipin Kumar, 2) Anant Kumar and 3) Mangal Prasad are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur P.S. Case No. 86/2011, in the event of arrest or surrender within a fortnight subject to the condition as laid down under Section 438(2) of the Cr.P.C. perwez (Aditya Kumar Trivedi, J.)