IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21261 of 2011 1. Baijnath Rai, S/o late Dev Nandan Rai. 2. Ranjeet Rai. 3. Rudal Rai. 4. Pramod Rai. 5. Viru Rai All are sons of Baijnath Rai, resident of village-Jethli, P.S.- Fatuha, District-Patna. ………Petitioners. Versus The State of Bihar. ………..Opposite Party. ----------- 2/- 06.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. Apprehending their arrest in connection with Fatuha P.S. Case No. 133 of 2011 registered for the offence under sections 147, 148, 149, 341, 448, 323 & 307 of the Indian Penal Code, the petitioners have prayed for bail. Petitioner No. 1 happens to be father of petitioner No. 2 to 5 of this case. It is submitted that ingredients of the offence under Section 307 of the Indian Penal Code is apparently missing in this case. Though, there is an allegation that petitioner No. 1 was armed with pistol, no firearm injury was caused to any one. To the contrary, there is allegation of use of Lathi. It is further submitted that a counter case bearing Fatuha P.S. Case No. 134 of 2011 was also registered under Sections 147, 448,341 & 323 of Indian Penal Code by petitioner no. 1 against informant of the present case and 2 others. Learned counsel appearing for the State opposes the prayer for bail of the petitioner on the ground mentioned in the F.I.R. and the impugned order. Taking into consideration the fact that firearm was not used and there is a counter version too, for which, a case was also registered let the petitioners namely Baijnath Rai, Ranjeet Rai, Rudal Rai, Pramod Rai & Viru Rai, in the event of their arrest at the hands of police or surrender before the Court below, be released on bail in connection with Fatuha P.S. Case No. 133 of 2011 on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount to the satisfaction of the learned A.C.J.M., Patna City. Sanjeet/- (Ashwani Kumar Singh, J.)