IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19314 of 2010 BIRENDRA BHAGAT Versus STATE OF BIHAR ----------- 03. 02.07.2010 Petitioner is languishing in jail in connection with a case registered under Sections 376, 341, 323, 354/34 I.P.C. It is submitted that the allegation of offence under Section 376 I.P.C. is specific against Guddu Mishra. However similarly situated accused Aditya Kumar @ Bablu Kumar @ Bablu Sharma has been granted Anticipatory bail vide Cr. Misc. No. 408 of 2010 on 08.03.2010. A copy of this order has been produced by the learned counsel for the petitioner. Let it be kept on record. Learned counsel for the State has submitted that Dy.S.P. recommended for submission of the charge sheet under Section 354/34 I.P.C. but the S.P. recommended for submission of the charge sheet also under Section 376 I.P.C. However learned counsel for the State has not controverted the fact that there is no allegation against the petitioner under Section 376 I.P.C. Considering the fact that the similarly situated accused person has been granted Anticipatory 2 bail, let the petitioner namely Birendra Bhagat, 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 Railway Judicial Magistrate, Betia in connection with Sugauli Motihari G.R. P.S. Case No. 44 of 2009. It is made clear that the Trial Court will be at liberty to cancel the bail bond of the petitioner, if he fails to appear on three consecutive dates. Shageer ( Dinesh Kumar Singh, J.)