IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1588 of 2009 1. Purushottam Lal Katriar, s/o Late Chhote Lal 2. Vijay Lal Katriar, s/o Damodar Lal Resident of Mohalla- Krishnadwarika, Police Station Civil Lines, District-Gaya …………………Petitioners. Versus The State of Bihar ……………………..Opposite Party. ----------- 2. 02. 03. 09. Heard learned counsel for the petitioners, informant and the State. The petitioners apprehend their arrest in connection with Civil Lines Police Station Case No. 249 of 2007, for offences under Sections 144, 148, 149, 448, 341, 323, 379, 380 and 307 of the Indian Penal Code. Allegation against Petitioner No. 1 is of causing injury on the head of the brother of the informant namely Niranjan Lal and the allegation against Petitioner No. 2 is of firing in the air. It is submitted that on perusal injury report in respect of Niranjan Kumar, the Petitioner No.1 assaulted him by means of iron rod on his head, but the same has got no support from the medical evidence. In injury report of the doctor shown altogether three injury. The injury caused on head is simple in nature . Injury No1 appears to be grievous and Injury No. 2 and 3 are not explained by the prosecution. As far as Petitioner No. 2 is concern there is no case has been registered under Arms Act against Petitioner No. 2 for making fire in the air. After some argument learned counsel seeks permission to withdraw the application filed on behalf of Petitioner No. 1 - 2 - Purushottam Lal Katriar. Permission is accorded. Hence prayer for bail filed on behalf of Petitioner no.1 Purushottam Lal Katriar is dismissed as withdrawn. As regard allegation against Petitioner No. 2 Vijay Lal Katriar is that he fired in the air. However, no case has been registered under Arms Act. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner namely, Vijay Lal Katriar shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Gaya Civil Lines P.S. Case No. 249 of 2007, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)