IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.22029 of 2011 1. Md. Akhlakh @ Akhlakh, son of Jainul Haque. 2. Abdul Bari @ Abdul Barique, son of Hasnain 3. Abdul Malik, son of Hasnain All of village – Rasulpur, P.S. – Shikarganj, District – East Champaran. --------- Petitioners. Versus The State Of Bihar -----Opposite Party ****** 02. 01.08.2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Shikarganj (Chiraiya) P.S. Case No. 20/2011 for the offences under Sections/ 307/379/341/452/147/148/149 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Motihari, East Champaran. The three petitioners are named accused in this case out of whom petitioner no. 1 carries allegation of shooting at the informant at his chest which prima facie stands corroborated by Annexure – 2, the injury report. Remaining two petitioners also carry allegation of shooting at the informant but at his legs whereas as per said injury report though he has sustained injuries on legs, but caused by hard and blunt substance. 2 In view of allegation levelled against petitioner no. 1 namely, Md. Akhlakh @ Akhlakh, this court is not inclined to enlarge him on anticipatory bail. Hence, prayer for anticipatory bail of petitioner no. 1 namely, Md. Akhlakh @ Akhlakh, is hereby rejected. So far as petitioner nos. 2 and 3 are concerned, considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Shikarganj (Chiraiya) P.S. Case No. 20/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.) 3