IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33035 of 2008 MADAN KUMAR SAH @ MADAN SAH @ MADARI SAH Son of Pati Lal Sah, Resident of Village Tulsiyahi P. S. – Bihra, District – Saharsa …….. Petitioner Versus THE STATE OF BIHAR ……………. Opp. Party ----------- 3 23.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 307 and 34 of the Indian Penal Code. In the FIR it is stated that it was the petitioner who had resorted to firing causing pellet injuries on three persons. The case diary was called for, which has been perused by the learned counsel for the State. He submits that during investigation, it has come that the firing was resorted to by one Sanjay Mahato and Rajeev Sah.. Rajeev Sah belongs to the side of the prosecution. Learned counsel for the petitioner submits that in the supervision report of Dy.S.P it has come that this petitioner has been falsely implicated on account of enmity. Petitioner is in custody since 9.06.2008. In view of the materials collected in the investigation as pointed out by learned counsel for the State, this application is allowed. Let petitioner Madan Kumar @ Madan Sah @ Madari Sah 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, Saharsa in connection with Bihra P.S. Case No. 102 of 2007 corresponding to G.R. No. 1270 of 2007. Kundan (J. N. Singh, J.) - 2 -