IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25274 of 2008 NAWAL KISHORE YADAV, SON OF BALESHWAR PRASAD YADAV, RESIDENT OF VILLAGE THA THA, P.S. MANSI DISTRICT KHAGARIA-----------PETITIONER. Versus C.B.I.,PATNA-----------------OPPOSITE PARTY. ----------- 04. 07.11.2008. Heard learned counsel for the petitioner and the counsel for the C.B.I. Petitioner is an accused in a case under Section 302 of the Penal Code. He is not named in the First Information Report as in the First Information Report only Dy. S.P., namely Maheshwar Mahto has been named under whose order petitioner and other constables are alleged to have shot at two persons who died on the spot. Other constables have already been admitted to the privilege of bail by another bench of this Court as would appear from the different orders contained in Annexure-3 to this application. It is submitted on behalf of the petitioner that there is nothing to substantially distinguish the case of the petitioner with that of those constables who has been admitted to the privilege of bail as other constables are also alleged to have shot at. In the circumstances, petitioner Nawal Kishore Yadav is directed to be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of A.D.J.(V), Patna in connection with S.T. No.1402 of 2007 arising out of R/C 2(S)/03. Rajesh/ (V.N.Sinha, J) - 2 -