IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43696 of 2010 SANJIV MANDAL son of late Ramdeo Mandal Versus THE STATE OF BIHAR ----------- 2/ 12.01.2011 Heard learned counsel for the petitioner and the State. The prayer for bail of the petitioner was earlier rejected on 08.07.2010 with an observation to renew his prayer for bail after completing three years in custody in a case under Sections 302/34 of the Indian Penal Code. The informant alleged in the First Information Report that some persons were quarreling with his brother Nand Kishore Sahni in front of wine shop. He further alleged that the petitioner drew his pistol and shot at his brother, who subsequently died. Learned counsel for the petitioner submits that it would appear from the prosecution case itself that the informant would not be the eye witness, as he has come after the occurrence. He further submits that the witnesses in paragraph nos. 47 and 20 stated that one Raj Nath shot at the deceased. The petitioner is in custody since 29.10.2007. In the circumstances, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No. II, Muzaffarpur in connection with S.T. No. 231 of 2008, with the 2 condition that petitioner would cooperate in the trial and would not seek unnecessary adjournment. Furthermore, the trial court would expedite the trial. Uday/ (Samarendra Pratap Singh, J.)