IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.269 of 2011 LAUTANI MUKHIYA @ SHEO NATH MUKHIYA Versus THE STATE OF BIHAR ----------- 03 26.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Although, petitioner is named in the first information report with direct allegation of firing but in course of investigation, one witness, namely, Balram Thakur has clearly stated that the fire took place accidentally while the informant was snatching pistol from the petitioner. Annexure-2 to this petition reveals that the informant has received fire arm injuries on his person but the opinion, regarding the aforesaid injuries has not been obtained as yet though the concerned Investigating Officer has already submitted charge sheet. The petitioner is rotting in jail custody since 20.09.2010 and admittedly, there was previous enmity between the parties. Taking into consideration the above stated facts and circumstances, let the petitioner 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 Sub Divisional Judicial Magistrate, Birpur in connection with Nirmali P.S. Case No. 45 of 2009. Shahzad ( Hemant Kumar Srivastava, J.)