IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21657 of 2009 GORELAL SADA Versus THE STATE OF BIHAR ----------- 03 12.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 147, 148, 149, 353, 307, 302, 201, 379 of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of the C.L.A. Act. The allegation is that when the Police party went to the tola in question in connection with investigation of a case several villagers including the accused persons (33 in number) opened indiscriminating firing which was responded to by the Police party. One of the Constable belonging to Special Auxiliary Police was subsequently found dead. It is contended that several other co-accused have been granted bail by this Court in Cr. Misc. No. 10998 of 2009, records whereof is before the Court. This Court finds that while granting bail to the aforesaid co-accuseds observed as under:- “The impugned order of rejection notices the submission of grant of bail to co-accused with common allegations in Criminal Miscellaneous application by this Court, details whereof are mentioned in the impugned order. Even then the Court below proceeded to reject the bail 2 application of the petitioners by a rhetorical incantation of the allegations without any discussions how the petitioners were different from those granted bail.” It is contended that case of the petitioner is of identical footing and he is in custody since 3.9.2008. In the facts and circumstances of the case, the above named petitioner 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, Saharsa in connection with Salkhua P.S. Case No. 82 of 2007, subject to the condition that one of the bailors should be the own/close family members of the petitioner. P.K. (K.K. Mandal, J.)