IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46661 of 2008 1. MAHABIR PRASAD YADAV @ MAHABIR YADAV S/O LATE NABI YADAV 2. JHALLU @ ANURANJAN @ JHALLU KUMAR 3. NIRAJ KUMAR (SONS OF MAHABIR PRASAD YADAV) (ALL R/O VILL- MAHARNA, P.S. DHARHARA, DIST. MUNGER-------- PETITIONERS. Versus STATE OF BIHAR------ OPP. PARTY. ----------- For the petitioners: Mr. Tarun Kumar Sinha, Advocate. For the State: Mr. Achhaibar Singh APP 04. 20.04.2009 Heard both sides. Three petitioners have approached this court for grant of anticipatory bail in a case instituted under Sections 147, 148,149, 342, 323, 307, 325, 379 and 504 of the Penal Code and Section 27 of the Arms Act. Petitioner no.1 is father whereas petitioner nos. 2 and 3 are sons. As per allegation in the F.I.R., on the date of occurrence i.e. on 16.05.2008, the informant was intercepted and surrounded by several persons armed with weapons. Petitioners are named therein. It is alleged that at the instigation of petitioner no.1, his son petitioner no.2 fired from a close range in the abdomen of the informant. He was thereafter brought to Patna and admitted in a nursing home. While he was being treated an F.I.R. was lodged 08.06.2008 at Patna. Learned counsel for the petitioners submits that there was previous animosity between the parties in so much so petitioner no.1 had sought information with respect to the defalcation of the amount by the 2 informant. It is further submitted that surprisingly no information was given to the Munger Police and after so many days F.I.R. was lodged. It is further highlighted that even going by the prosecution case there is absolutely no allegation so far as petitioner no.3, namely, Niraj Kumar is concerned. Learned counsel for the State submits that there is injury report available on the record which indicates that informant did receive serious injuries. Having regard to the facts appearing from the record, this court is not inclined to extend the privilege of anticipatory bail to petitioner nos. 1 and 2 namely, Mahabir Prasad Yadav @ Mahabir Yadav and Jhallu @ Anuranjan @ Jhallu Kumar. Accordingly, the application seeking anticipatory bail stands rejected. So far as the petitioner no.3, namely, Niraj Kumar is concerned, this court is inclined to grant him the privilege of anticipatory bail. In the event of his arrest or surrender within a period of four weeks from today before the court below, petitioner no.3, is directed to 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, Munger in connection with Dharahra P.S. Case no. 53 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym/ (Kishore K. Mandal, J.)