IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34010 of 2008 Mahendra Pandey, son of Shri Bishwanath Pandey, resident of village Jamua, P.S. Karakat, District Rohtas…………….. Petitioner. Versus The State of Bihar ………Opposite Party ----------- 05/ 28.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition has been filed for grant of bail to the petitioner, who is an accused for offences punishable under sections 302/34 of the Penal Code and 27 of the Arms Act. Earlier similar prayer for bail of the petitioner had been rejected by this Court in the years 2004, 2005 and 2006 (Annexures 1 series ). Learned counsel for the petitioner submits that from the first information report itself it would be apparent that the occurrence took place due to sudden quarrel between both sides in heat of moment and there was no intention at all for any such offence. He also avers that the post-mortem in the instant case was done after ten days as per deposition of the Doctor. He also submits that the petitioner has remained in custody for five years. Considering the facts and circumstances, this petition for bail is allowed. Accordingly, let the sole petitioner, namely, Mahendra Pandey be admitted to be on executing bail bond of Rs.10,000/- (ten thousand) only with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge (F.T.C. No.4), Rohtas at Sasaram in connection with Karakat P.S. Case No. 139/2003 dated 21.12.2003, which has given rise to Sessions Trial No.538/2006. MPS/ (S. N. Hussain, J.)