IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5419 of 2009 KUNDAN KUMAR Versus STATE OF BIHAR ----------- 3 11/05/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in a case which has been registered under sections 302/34, 120 B of the Indian Penal Code and section 27 of the Arms Act. Informant’s brother Jai Kishore @ Nanki has come out from the jail 7-8 months earlier. He was in custody in a case regarding killing of Tuntun. Allegation is that on 30.3.2008 Jai Kishore was caught by this petitioner and three others, namely, Sujeet, Chandan, Aajit and Ramdev Mahto. Fatal shot was given by Bijendra Mahto. The occurrence was witnessed by Sanjay Mahto and Mohit Kumar. Submission is that Sanjay and Mohit have been examined under section 161 of the Cr.P.C. in which they have not claimed that they have witnessed the occurrence. The police, after investigation had disbelieved the implication of sole assailant Bijendra Mahto. Considering the facts and circumstances of the case, the petitioner Kundan Kumar is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 2 A.C.J.M./concerned Court, Patna City in connection with Sultanganj P.S. Case No. 60 of 2008. avin (Shyam Kishore Sharma, J.)