IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11386 of 2011 Santosh Yadav Versus The State Of Bihar ---------------------------------- 3 25-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody in a case registered under sections-302/34 of the Indian Penal Code and 27 of the Arms Act. The contention of learned counsel for the petitioner is that the petitioner is in jail custody since 04.01.2005 which has been specifically averred by the petitioner in Paearaph-7 of the bail petition. It is contended by him that uptill now, the trial of the petitioner has not been concluded and it is further contended by him that the informant has not seen the petitioner opening fire on the deceased rather the informant has stated the name of the petitioner as assailant on the basis of so-called uttering made by the deceased at the time of alleged occurrence. The trial court has reported vide its letter dated 03.05.2011 that except two investigating officers, almost all the witnesses have already been examined. Taking into consideration the aforesaid facts and circumstances as well as period of detention in judicial custody, let the petitioner, namely, Santosh Yadav be 2 released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Naugachhia (Parbatta) P.S. Case No. 435 of 2004 corresponding to Sessions Trial No. 125 of 2006 to the satisfaction of Additional Sessions Judge-III, Naugachhia subject to condition that one of the sureties must be close relative of the petitioner. AKV/- ( Hemant Kumar Srivastava,J.)