IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52036 of 2008 MALTER RAI, S/o. Rajendra Rai, R/o. Village- Habaspur, P.S. Shahpur, District- Patna. Versus THE STATE OF BIHAR ----------- 03 10.04.2009 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case which has been registered under Section 302/34 of the I.P.C. and Section 27 of the Arms Act. The petitioner and another accused Harendra Rai are co-brothers. The informant on getting information that his son Ganesh Rai was killed, went to the place of occurrence and made inquiry and came to know through Chandrika Rai, Bachhu Rai and others that killing might have been done by petitioner Malter Rai. Submission is that in course of investigation it has come that the deceased had died due to fire-arm injury committed by his own associates. This fact has noted in paras-47 to 49 of the case-diary. Nobody had come to say that he is the petitioner who killed the deceased. In view of 2 the contradictory statement of the witness in this case the petitioner himself has received fire-arm injury and has become serious. His mare was also killed on account of fire-arm injury. The prayer for bail has been opposed by the learned counsel for the informant, who has supported the version of F.I.R. In the facts and circumstances, petitioner Malter Rai 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 the A.C.J.M., Danapur, Patna in connection with Akilpur P.S. Case No.18 of 2008. Mkr. (Shyam Kishore Sharma, J.)