IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2022 of 2009 MADAN RAI Versus STATE OF BIHAR ----------- For the petitioner : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ----- 6 20.5.2009 Petitioner MADAN RAI, one of the FIR named accused of Phulwari (Janipur) P.S. Case No. 474 of 2007 registered under sections 302/201/34 IPC is in custody in connection therewith, for allegedly having killed in collusion with others, Dipul Kumar, the nephew (bhagina) of informant Nandlal Yadav. There being some unanswered the records of Sessions Trial No. 240 of 2008 arising out of the said P.S. Case was called for and has been examined in court specially in respect of statement of witnesses recorded under section 164 Cr.P.C. From perusal thereof it appears that whereas prosecution witness Rama Shankar Prasad in his statement under section 164 Cr.P.C. states of Janeshwar Rai of having fired the fatal shot which resulted in the death of Dipul Kumar, charge sheet witness Bindeshwar in his statement under section 164 Cr.P.C. attributes the fatal shot to the credit of the petitioner herein. Therefore, there is a divergence in respect of the person who had fired the actual shot which resulted in the death of Dipul Kumar . In the facts and circumstances of the case petitioner MADAN RAI is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the Sri B.K.Shrivastava, Addl. Sessions Judge IX, Patna, in connection with - 2 - S.T. No. 240 of 2008 arising out of Phulwari (Janipur) P.S. Case No. 474 of 2007. Spd/- (Abhijit Sinha, J.)