IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5201 of 2009 BIRJU SAH @ BRAJ KISHORE SAH, S/o. late Ram Lakhan Sah, R/o. Village- Naya Tola Baira, P.S. Jainagar, District- Madhubani. With Cr.Misc. No.8322 of 2009 RAM BHAJAN SAH, S/o. late Asharfi Sah, r/o. Village- Baira Naya Tola, P.S. Jay Nagar, District- Madhubani. Versus THE STATE OF BIHAR ----------- 02 18.04.2009 Heard learned counsel for the petitioners and the State. The petitioners are in custody in a police case registered for the offence under Sections 302/34 and other provisions of the I.P.C. and Section 27 of the Arms Act. The petitioner in Cr. Misc. No.5201 of 2009 was the informant. His elder brother Bikram Sah and uncle Buni Lal Das along with co-villager Shiv Shankar Das were sleeping. He heard the sound of firing and came out to find the injured. The elder brother was deceased. Paragraph-7 of the case-diary contains the statement of uncle Buni Lal Das supporting the allegations in the F.I.R. which names other accused for having done the firing. The informant has been falsely implicated on the alleged statement of the relatives of the person named in the F.I.R. 2 as accused and the alleged confession of the F.I.R. witness Shankar Das. The impugned order of rejection and the materials in the case-diary does not consider at all the statement of the injured uncle of the informant while rejecting the prayer for bail. This court considers the same as sufficient justification to grant bail. Accordingly, let petitioners namely, Birju Sah @ Braj Kishore and Ram Bhajan Sah be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Jay Nagar P.S. Case No.242 of 2007. Mkr. (Navin Sinha, J.)