IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30149 of 2010 SULO SAH, S/o Late Bandelal Sah, Resident of Village – Fulabariya, Police Station- Beldour, District - Khagariya Versus STATE OF BIHAR ----------- 3 07.02.2011 Heard learned counsel for the petitioner and Sri Ram Chandra Sahni, learned Additional Public Prosecutor. The petitioner, who is in custody in Basanahi P.S. Case No. 1 of 2000 for the offences under Section 302 and other allied sections of the Indian Penal Code and 27 of the Arms Act, has prayed for grant of bail. In the present case, altogether five persons were kidnapped by members of group of 100-150 naxalites and thereafter, all the five persons were done to death. F.I.R. was lodged against fifteen named accused persons and against unknown but the petitioner was not named in the F.I.R. Subsequently, his name transpired during the investigation, and as such, he was made accused. Learned counsel for the petitioner submits that several accused persons almost on similar allegation have already been extended the privilege of bail. Learned counsel for the petitioner has specifically referred to Annexure-2 to the petition whereby some of the accused persons were granted bail by this court. On this strength, it has been prayed to grant bail. Learned Additional Public Prosecutor while opposing the bail petition submits that the petitioner’s case cannot be equated with those accused who were granted bail. It was 2 submitted that the accused persons who were granted bail vide Annexure-2 were granted bail in the year 2007 itself. It was submitted that in the present case F.I.R. was lodged in the year 2000 and petitioner is in custody since 20.4.2010. Learned counsel for the petitioner submits that petitioner was in custody in another case since 30.3.2008 and from that case he was remanded in the present case. Fact remains that the case was instituted in the year 2000 for an occurrence in which five persons were kidnapped and thereafter killed. Petitioner’s name surfaced subsequently. Keeping in view seriousness of the accusation, I am not inclined to extend the privilege of bail to the petitioner. Petition stands rejected. Praful ( Rakesh Kumar, J.)