IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30439 of 2011 Saifulla @ Md. Saifulla Versus The State Of Bihar ----------- 03/ 05.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected by this court vide order date 25.8.2010 passed in Cr. Misc. no.15835/2010 with liberty to renew his prayer for bail after six months from the date of passing of the aforesaid order. Petitioner again filed Cr. Misc. no.7877/2011 but the same was disposed off by this court vide order dated 28.3.2011 with direction to the learned trial court to consider regular bail petition of the petitioner. The learned trial court has reported that the case is pending for recording evidence of the prosecution witnesses and bailable warrant of arrest has already been issued against the prosecution witnesses. The trial court has reported that he may dispose off the case of the petitioner within one year. Although there is general allegation against this petitioner that he opened fire on deceased but submission on behalf of learned counsel for the petitioner is that petitioner, perhaps, was making fire in air in a barat party but unfortunately, aforesaid firing hit the deceased. So, at best, it is case of under section 304 of the IPC. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties and also keeping - 2 - in mind that the petitioner is in jail custody since 7.1.2010, let the petitioner, Saifulla @ Md Saifulla, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. District & Sessions Judge FTC No. IV, Araria in Sessions Trial no. 346/2011 arising out of Raniganj P.S. Case no. 140/2009. shahid (Hemant Kumar Srivastava,J)