IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12888 of 2010 RINKU MIAN @ MD.RINKU @ NAUSHAD @ MD.NAUSHAD, S/o Late md. Sabbir Mian, resident of Mohalla – Neem Gali, Panchaitya Akhara, P.S. Kotwali, District – Gaya …….. Petitioner Versus STATE OF BIHAR …….. Opposite Party ----------- 2/ 26.05.2010 Heard learned counsel for the petitioner and State. Petitioner is an accused facing trial for the offence under Section 302 of the Indian Penal Code under court below, is one of the named accused on basis of alleged oral dying declaration of the deceased made before his father, the informant, but, in the said statement there is direct allegation against one Md. Mithun, who fired from his pistol upon the deceased, causing injury, resulting into his death. Petitioner is one of the members, nothing more. Considering the facts and circumstances, above named petitioner is directed to be enlarged on bail on furnishing bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Fast Track Court IVth, Gaya, in connection with Sessions Trial No. 388 of 2009 arising out of Moffasil P.S. Case No. 51 of 2004, on additional condition to attend the court on each and every date till disposal of the case. In case of failure on two consecutive dates, the privilege granted shall be deemed to be cancelled. Simultaneously, court below is directed to proceed expeditiously with the trial. Praful ( Akhilesh Chandra, J. )