IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34261 of 2009 RAJU SRIVASTAVA, Son of Nawal Kishore Prasad, R/o Samir Takiya Durga Ashtan Gaiwal Bigha, P.S. Rampur, District Gaya …. Petitioner Versus THE STATE OF BIHAR ……… Opp. Party For the petitioner : Mr. Vinod Kumar, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ----------- 3 9.12.2009 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 147/148/149/307/324 of the Indian Penal Code and 27 of the Arms Act. As per the allegation set up in the first information report, petitioner had fired upon the informant who tried to escape but that had hit in the arm of the petitioner. Learned counsel for the petitioner submitted that it would be manifest from the first information report itself that there was scuffle between one Mahendra Kurmi and the petitioner and during the scuffle they came up on the road and the informant with other persons also came out of the shop to see the same. In the meantime, it is alleged that the petitioner started firing upon him which could have hit on his chest but he tried to escape and hide himself behind the pillar, the Pilate hit his left hand. It is submitted that the aforesaid facts shows that there was no intention to kill the petitioner rather the scuffle was between aforesaid Mahendra Kurmi and the petitioner etc. Petitioner is stated to be in custody since 3.12.2007. It is submitted by learned counsel for the petitioner that none of the witnesses have been examined as yet though charge sheet has been submitted and charges have been framed. In the facts and the circumstances of the case, the petitioner, RAJU SRIVASTAVA, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, F.T.C. IV, Gaya, in connection with S.Tr. No. 116 of 2009/365 of 2008 arising out of Civil Line P.S. case No. 74 of 2002 with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner and he should state on affidavit giving full genealogy to show as to how he is related with the petitioner. That the petitioner will be well represented on each date during trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. Spd/- (Dr. Ravi Ranjan, J.)