IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44651 of 2010 KAPIL BHUINYAN, SON OF SRI RAMDEO BHUIYAN Versus THE STATE OF BIHAR ----------- 02 27.01.2011 Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Petitioner seeks his bail in connection with Madanpur P.S. Case No. 40 of 2000 registered under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code, 27 of the Arms Act and 17 of Criminal law Amendment Act. Although, petitioner is named in the First Information Report but no specific overt act has been attributed against him. It is stated in the First Information Report that it was co-accused Mandip Singh, Satyendra Singh, Sheo Gagan Bhuiyan, and Naga Bhuiyan, who opened indiscriminate firing from their respective weapons upon the informant’s brother, as a result, of which informant’s brother sustained fire arm injury and died then and there. Although, petitioner carries criminal antecedent of two cases but considering this aspect of the matter that petitioner is languishing in jail custody since 15.04.2008 I think it proper to release him on bail. Accordingly, above named petitioner 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 Additional Sessions Judge-IV, Aurangabad in connection with Sessions Trial No. 282 of 2000/58 of 2009 arising out of above stated Madanpur P.S. Case No. 40 of 2000 subject to condition that one of the sureties must be close relative of the petitioner and the aforesaid surety must be holder of landed property. Shahzad (Hemant Kumar Srivastava, J )