IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9005 of 2010 SARDA NAND MAHTO SON OF LATE RAGHUBANSH MAHTO, R/O VILLAGE- BHULUKUWAN, P.S.- PIRO, DISTRICT- BHOJPUR Versus STATE OF BIHAR ----------- 2 28/04/2010 Heard Mr. Rajeev Ranjan the learned counsel for the petitioner and learned APP for the State. Earlier prayer for bail of the petitioner was rejected thrice. The petitioner is in custody since 23.8.2006 in a case registered under Section 396 of the Indian Penal Code and Section 27 of the Arms Act. Submission is that the case is of under Section 302 Indian Penal Code and not under Section 396 of the Indian Penal Code because the informant and the accused persons are of the same village and two persons are named as assailant. One is the petitioner and other is Kashi Nath Mahto who has been admitted to bail by this Court. Earlier on 9.9.2009 prayer for bail of the petitioner was rejected considering the fact that the trial was progressing well and eight witnesses have been examined and only two witnesses the Doctor and the S.I. were to be examined. At present also only those two witnesses are to be examined. Considering the facts and circumstances of the 2 case, the petitioner Sarda Nand Mahto is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge/concerned Court, Ara in Sessions Trial No. 158 of 2005 / 515 of 2007 arising out of Piro P.S. Case No. 154 of 2003. (Shyam Kishore Sharma, J.) avin