IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42597 of 2010 1.DILIP CHOUDHARY 2.Pankaj Choudhary Both sons of Rohin Choudhary, R/O village- Balarpur, P.S. & Dist.-Banka. Versus THE STATE OF BIHAR ----------- 2. 17.1.2011. Heard Mr.Sanjay Kumar Jha, learned counsel for the petitioners and Mrs. Indu Balal Pandey, learned Additional Public Prosecution for the State. Two petitioners, who are in custody in connection with S.T. No.1144 of 2010 arising out of Banka P.S. Case No.25 of 2007 for the offences under section 307 and other allied sections of the Indian Penal Code, section 27 of the Arms Act and section ¾ of the Explosive Substance Act, have prayed for grant of bail. In this case, it was alleged that both the petitioners and others had opened the fire on the informant injuring him. In the occurrence, it was alleged that bombs were also lobbed. Allegation against petitioner no.1 is that he, from his country made pistol, had fired on the neck of the informant. Mr.Jha, learned counsel for the petitioners, while pressing the bail petition, submits that in the first information report date of occurrence has been shown as 8.12.2006 and the first information report was lodged at a belated stage on 24.1.2007. It was further submitted that the informant side were aggressor and the first information report was lodged on the same day of occurrence dated 8.12.2006 vide Banka P.S. Case No.388 of 2006 in which the informant of the present case and others were made accused. 2 Learned counsel for the petitioners further submitted that co-accused Dharmendra Chaudhary was extended privilege of anticipatory bail vide Cr.Misc. No.45120 of 2009, annexure-5. In view of the fact that it was a case and counter case and the present case was registered at a belated stage as well as the fact that co-accused has been granted anticipatory bail , there is no reason to further detain the petitioner. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Banka in connection with S.T No.1144 of 2010 arising out of Banka P.S. Case No.25 of 2007. Md.S. ( Rakesh Kumar, J.)