IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4970 of 2010 1. LAXMAN SUTIHAR S/O TETAR SUTIHAR 2. RAMCHANDER MUKHIYA S/O SIPHIYA MUKHIYA Versus STATE OF BIHAR ----------- 3. 6.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 324, 504, 307/34 of the Indian Penal Code and 27 of the Arms Act as well as ¾ of the Explosive Substance Act. The prosecution case is that four accused persons came to the place of occurrence and thereafter the petitioner no.1 is said to have fired on the informant, which hit on his left leg. When the informant tried to catch hold of the miscreants, the petitioner no.2 is said to have exploded bomb, due to which he was injured. The submission is that the injury report does not reveal any injury caused by fire arm as also that since the allegation against the petitioner no.2 is of exploding bomb to extricate the miscreants, in the facts of the present case no offence u/s.307 I.P.C. would be made out. Moreover the injuries are said to be simple in nature. In view of the above, let the petitioners above named, who are in custody since 27.9.2009 and 29.9.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five - 2 - thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Supaul in Bhaptiyahi P.S.case No.51 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )