IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48710 of 2008 KUNAL SINGH S/O-Nagina Singh, R/O-Vill-Kritpura, [Bangara Panchayat], P.S.-Baikunthpur, Distt.-Gopalganj. ………………………………………….Petitioner. Versus STATE OF BIHAR …………………………………………..Opposite Party. WITH Cr.Misc. No.12241 of 2009 SIDDHARTH KUMAR @ BANTI GOPE S/O-Sukhdeo Prasad Singh, R/O-Vill-Rajiv Nagar, Road No.4, P.S.-Rajiv Nagar, Distt.-Patna. ………………………………………….Petitioner. Versus STATE OF BIHAR …………………………………………..Opposite Party. WITH Cr.Misc. No.11603 of 2009 RAJ KUMAR RAI @ DHAPPU RAI S/O-Mahendra Rai, R/O- Kurji, Gali No.65, P.S.-Digha, Distt.-Patna. ………………………………………….Petitioner. Versus STATE OF BIHAR …………………………………………..Opposite Party. ----------- 4/ 23.04.2009 Since all the three bail applications have arisen out of one occurrence i.e. Patliputra P.S. Case No.-117 of 2008 registered under Sections 302, 307, 120B/34 of the Indian Penal Code, they have been heard together and are being disposed of by this common order. Altogether five persons are named as accused. Besides them three unknown associates have indiscriminately fired causing instantaneous death to Ranjit Mukhiya and 2 injury of Surendra Singh and Babloo Singh. Petitioner Raj Kumar Rai @ Dhappu Rai, Petitioner Siddharth Kumar @ Banti Gope is named accused. Other named accused are Sahdeo Rai, Gorakh Rai and Pappu Rai. On behalf of petitioner Kunal Singh, it has been submitted that he is not named in the FIR and one accused who are not named in the FIR has been granted bail. On behalf of petitioner Raj Kumar Rai @ Dhappu Rai, supplementary affidavit has been filed and it has been submitted that the present FIR is not the FIR rather earlier fardbeyan was given by one of the injured which is Annexure-2. Later on, the injured has filed a petition before the court of Chief Judicial Magistrate and this fact has not been considered by this court while disposing the bail application of other two accused persons. The ground reality remains that out of five named accused persons, two of the 3 similarly placed accused Sahdeo Rai [in Cr. Misc. No.-43421 /2008] and Gorakh Rai [in Cr. Misc. No.- 47787/2008] have been refused by this Court on 24.11.2008. Considering the facts and circumstances of the case, let petitioner Kunal Singh [in Cr. Misc. No.-48710 /2008] 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 Chief Judicial Magistrate, Patna/concerned court in connection with Patliputra P.S. Case No.- 117 of 2008. Other two petitioners namely Siddharth Kumar @ Banti Gope [in Cr. Misc. No.- 12241/2009], and Raj Kumar Rai @ Dhappu Rai [in Cr. Misc. No.-11603/2009], are concerned their prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)