IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5469 of 2009 Dhananjay Kumar @ Bakhauri, son of Late Manohar Singh, resident of Village- Teka Bigha, P.S.-Bakhtiarpur, District-Patna. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 22.04.2009 Heard learned counsel for the petitioner and the State as well as informant. Petitioner seeks bail in a case which has been registered for the offence under Section 302/34 of the Indian Penal Code. As per the First Information Report, the informant’s brother was caught by the petitioner and fired upon by Shatrudhan Rai, it proved fatal. Submission of the learned counsel for the petitioner is that the allegation of firing is solely against Shatrudhan Rai, who has already been granted anticipatory bail by this court in Cr. Misc. No. 37871 of 2008 by order dated 19.09.2008. The police has converted the entire case in showing the petitioner as assailant. The informant had filed a protest petition in course of investigation and in the protest petition also the informant has described Shatrughan Rai as the assailant. Prayer for bail of the petitioner has been opposed by the learned counsel appearing on behalf of the informant. Considering the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Barh, Patna / concerned court in connection with S.Tr. No. 2597 of 2008. Uday/ (Shyam Kishore Sharma, J.)