IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.37237 OF 2010 BIMLESH KUMAR RAI @ MUNNA RAI, SON OF SRI BHUNESHWAR RAI, RESIDENT OF VILLAGE CHASI, POLICE STATION NARAYANPUR, DISTRICT BHOJPUR VERSUS THE STATE OF BIHAR ******** 3 24/11/2010 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is accused in a case under Section 302 of the Indian Penal Code. Earlier, the prayer for bail on behalf of the petitioner was rejected twice. The allegation is that there was a dispute with respect to partition of the property between the petitioner and his father, which led to an altercation between the brothers. In the midst of the altercation, the petitioner is said to have fired, which hit the father of the informant. Counsel for the petitioner submits that there was no intention to kill the deceased. This Court while hearing this matter on the earlier occasion, called for a report from the 5th Additional Sessions Judge, Bhojpur (Vacation Judge) regarding the delay in the trial. It appears from the report of the Incharge Additional Sessions Judge Vth (Vacation Judge), Bhojpur at Ara that despite issuance of bailable and non-bailable warrant of arrest against the 2 prosecution witnesses on 15.06.2009, 04.08.2009 and again on 03.04.2010, none of the prosecution witnesses have appeared to lead evidence. Considering the fact that the above named petitioner is in custody for about four yeas, he is directed 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 Additional Sessions Judge Vth, Bhojpur at Ara in connection with Narayanpur Police Station Case No. 15 of 2006 (Sessions Trial No. 574 of 2006). Anand ( Sheema Ali Khan, J. )