IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3965 of 2009 Bipin Kumar Mahto, S/o Upendra Prasad Mahto, resident of village Kazi Chak, P.S.-Rajuli, District-Nawadah. . . . Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 16.04.2009 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 and 27 of the Arms Act. Petitioner has been named as the person, who was responsible for killing of the informant’s brother Anil Kumar. The informant’s brother and the petitioner were having some enmity with regard to opening of the shop. On 04.12.2008, one Vikash Kumar came running and told that Anil Kumar has been shot dead. The informant rushed to the place of occurrence but found her brother dead and informant suspected that petitioner has killed her brother. Vikash Kumar is a witness of the occurrence. He has been examined in course of investigation and has stated that the petitioner and two others were responsible for firing which has been resulted into death. It is not clear from the First Information Report and from the statement of Vikash Kumar, as to whether the shot which was fired by the petitioner or unknown, proved fatal. Prayer for bail of the petitioner has been opposed by the learned counsel for the informant. Considering the facts and circumstances of the case, - 2 - 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 Chief Judicial Magistrate, Nawadah in connection with Rajuli P.S. case no. 160 of 2008. Uday/ (Shyam Kishore Sharma, J.)