IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31007 of 2010 BAJRANGI CHOUBEY son of Fulan Choubey, resident of village Godahan, at present residing atBajrang Katara near Patel Chuk, P.S. Bhabua, District Kamur at Bhabua… …. ….Petitioner Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: Mr. K.N. Choubey, Sr. Advocate Mr. R.K. Pandey, Advocate For the State : Mr. Abhay Kumar-I, APP For the Informant: Ms. Soni Shrivastava, Advocate ----------- 3 05.10.2010 Heard learned counsel for the petitioner, the learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 341, 302, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioner submitted that from the allegation as set up in the first information report, it appears that the petitioner was merely an order giver and he is not the assailant. Another co-accused Sugreev Choubey has been alleged to have fired at the deceased killing him and co-accused Angad Choubey thereafter has been alleged to have kicked the deceased after he fell down. Learned counsel for the petitioner further submitted that the aforesaid co-accused Angad 2 Choubey has already been granted bail by a Bench of this Court vide order dated 18.08.2010 passed in Cr. Misc. No. 27571 of 2010. Learned counsel for the informant submitted that the prayer for bail of co-accused Fulan Choubey and Gutpa Nath Choubey has been refused by a Bench of this Court in Cr. Misc. No. 27571 of 2010 and Cr. Misc. No. 29815 of 2010 vide orders dated 18.08.2010, certified copies of which have been produced. Let the same be kept on the record. Learned counsel for the petitioner further submitted that the bail applications of co-accused Fulan Choubey and Gupta Nath Choubey have been dismissed on account of the fact that since the deceased was an eye-wtiness in a case instituted against those persons and he was killed, the Court was not inclined to grant them bail. However, it is submitted that the petitioner is not an accused in the said case. It is also submitted that the case of the petitioner is even on better footing than that of co- accused Angad Choubey and his case is not similar to that of co-accused Fulan Choubey and Gupta Nath Choubey. 3 Learned counsel for the informant is not in a position to controvert the same. Having regard to the facts and the circumstances of the case, the petitioner, BAJRANGI CHOUBEY, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 217 of 2010 with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. SC ( Dr. Ravi Ranjan, J.)