IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.499 of 2009 UMESH RAI @ PAHARIA Versus STATE OF BIHAR ----------- For the petitioner : Mr. Jitendra Kumar No. 1, Advocate For the Respondent : Mr. S.R. Haque, A.P.P. 02. 28.01.2009 Heard both sides. The petitioner has renewed his prayer for grant of bail in a case instituted under Sections 307 & 302/34 of the Indian Penal Code and 27 of the Arms Act. Earlier under order dated 10.06.2008 passed in Cr. Misc. No. 22221 of 2008 (Annexure-1) his prayer for bail was rejected. The said order reads thus: “Heard both sides. Petitioner prays for grant of bail in a case instituted under sections 307,302/34 of the India n Penal code and 27 of the Arms Act. “As per the allegation in the first information report the petitioner along with three others entered into the house of the complainant and it is alleged that one of them fired hitting on the head of son of the informant who subsequently die. Counsel for the petitioner submits that in course of investigation it has been revealed that one Santosh Yadav fired causing the death of the deceased. - 2 - From the record it appears that the first information report was lodged in 2002 in which the petitioner is also named. It appears that he has been taken into custody on 1.2.2008. Having considered the submission and after going through the record I am not inclined to grant bail to the petitioner. The prayer for bail is rejected for the present. Petitioner is however, given liberty to renew his prayer for bail after six months from the date of receipt of a copy of this order in the court below.” In the facts and circumstances of the case, this court is now inclined to admit the petitioner to bail. Let the petitioner, namely Umesh Rai @ Paharia be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. – III, Patna in connection with Pirbahore P.S. Case No. 261/2002, S.Tr. No. 906/2008, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Vikash/- (Kishore K. Mandal, J.)