IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43832 of 2010 BINOD RAI, son of Sri Yugeshwar Rai Versus THE STATE OF BIHAR ----------- 2 24.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Patori P.S. Case No. 115 of 2010 registered under Sections 323, 307, 326/34 of the I.P.C., 25(1-b) 26, 27, 35 of the Arms Act and 3(x) of SC/ST Prevention of Atrocities Act. Learned counsel for the petitioner submits that even if prosecution story is assumed to be true then also, no case under Section 302 is made out and, at best, it is case of Section 304 of the I.P.C. and he further submits that so far as the application of SC/ST Prevention of Atrocities Act is concerned, the same is not applicable in the instant case, and admittedly, the petitioner has not been caught at the spot nor any firearm has been recovered from his conscious possession. In view of the above stated submissions as well as facts and circumstances of the case the petitioner, namely, Binod Rai is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with above stated Patori P.S. Case No. 115 of 2010. PN (Hemant Kumar Srivastava,J.)