IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48704 of 2008 TEJ NARAIN SINGH, Son of Late Harakh Narain Singh, Resident of village- Darheta, Police Station- Kurtha, District- Jehanabad ----- petitioner. Versus STATE OF BIHAR ----Opp. Party. ----------- 2/ 30-Jan-09 Heard learned counsel for the petitioner and the learned counsel appearing for the State. The petitioner is an accused for offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against this petitioner is that he along with co-accused, Shailendra Singh fired on the father of the informant and two other co-accused Dharmendra Kumar @ Chunchun and Uday Kumar @ Rajnesh have assaulted with the sharp cutting weapon. The petitioner has earlier moved this Court for bail which was rejected by order dated 22.11.2002 as contained in Annexure 1. It is further submitted that although there was a specific allegation of firing on the part of this petitioner as well as other co- accused, Shailendra Singh whereas in the postmortem report as contained in Annexure 3, it would appear that there is only one fire arm 2 injury since injury no.1 and 2 is communicating to each other. Besides above, the petitioner is in jail custody for about seven years. Learned A.P.P. is not in a position to refute the submission. Supplementary affidavit has been filed on behalf of the petitioner that he is facing sessions trial vide Sessions Trial No.39 of 2007. Considering the facts and circumstances of the case, let the petitioner, Tej Narain Singh, 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 Additional Sessions Judge Ist, Jehanabad in connection with S.Tr. No.39 of 2007 arising out of Kurtha P.S.Case No.136 of 2001. chauhan (Shailesh Kumar Sinha, J.)