IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16733 of 2008 JAWAHAR SINGH & ANR Versus STATE OF BIHAR ----------- 02. 7-5-2008 This is an application for the grant of regular bail in a case under sections 341, 324, 307/34 of the Indian Penal Code and 27 of the Arms act against six persons including the petitioners. Suraj Singh lodged FIR alleging therein that the accused persons variously armed with gun and pistol came over his house and started firing and as a result his grandson Dharmendra Singh received pellet injury in the mouth and chest. His wife Jhalka Devi received pellet injury in the chest. He also received pellet injury on his forehead and shoulder. His granddaughter Anshu Kumari also received pellet injury on her forehead. Learned lawyer for the petitioners submits that for the dispute of land it was the informant party who came over the house of the petitioners and committed assault giving rise to the counter case in which the petitioner Jawahar Singh received fire arm injury. He submits that there is general allegation that the accused persons opened fire and as such there is no specific allegation against the petitioners. He further submits that it were co-accused persons who fired causing injury to the informant and three others. He, therefore, submits that petitioners who are in custody from 15th February, 2008 be released on bail. Learned lawyer appearing on behalf of the informant filed counter affidavit enclosing therewith medical prescriptions of - 2 - informant Suraj Singh, Jhalki Devi, Anshu Kumari and Dharmendra Kumar as also discharge ticket of Dharmendra Kumar issued by Sri Ram Nursing Home, Patna. He submits that accused persons are aggressors in this case and they have caused serious injuries to the informant and others and hence petitioners did not deserve bail. Considering the admitted position that it was dispute of land and firing on behalf of both sides causing injuries to the members of both sides giving rise to case and counter case, and general allegation against the accused to have opened fire causing injuries to the informant and others, petitioners Jawahar Singh and Dwarika Singh are ordered to be released on bail on furnishing bail bonds of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Udwant Nagar P S case No. 28 of 2008. rkp (Anwar Ahmad, J)