IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48868 of 2008 VIJAY PRASAD Versus STATE OF BIHAR ----------- For the petitioner: Mr. Rabindra Kumar Priyadarshi, Advocate. For the State : Mr.Upendra Kumar, APP. 02 19.12.2008 Heard. Petitioner seeks bail in a case instituted under Sections 302,120B/34 of the Penal Code. From the First Information Report it appears that the petitioner along with several other accused persons were seen drinking liquor etc; at a place. Subsequently, the dead body of the deceased was found. Learned counsel for the petitioner submits that similarly placed co-accuseds have been granted bail by this court. In this connection, learned counsel for the petitioner produces certified copy of the order dated 24.06.2008 passed in Cr. Misc. No. 16764 of 2008 (Dinesh Prasad Versus State of Bihar) and Cr. Misc. No. 22450 of 2008 ( Ram Krit Yadav Versus State of Bihar).The said order dated 24.06.2008 reads thus: “Since both the above applications arise from one and the same P.S. case, they have been heard together and are being disposed of by this common order. According to allegation, petitioner Ram Krit Yadav and co-accused Sikandar Yadav came at the house of the informant on 2.1.2008 and they took his younger brother Mundrika Yadav and on the next day, the dead body of 2 Munkrika yadav was found. During investigation, it has come that the deceased and the accused persons have taken toddy together. Submission is that there is no eye witness of the occurrence and similarly situation accused namely, Vijay Yadav and Sinkandar Yadav have been granted bail by this court vide Cr. Misc. Nos. 15424 and 15465 of 2008 on 23.5.2008 respectively. Considering the facts and circumstances of the case, let petitioners, namely, Dinesh Prasad (Cr. Misc. No. 16764 of 2008) and Ram Krit Yadav (Cr. Misc. No. 22450 of 2008), be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Delha P.S. Case No. 03 of 2008.” Having regard to the fact that identically placed co- accuseds have been released on bail by this court, this court is also inclined to admit the petitioner to bail. Let the petitioner, namely, Vijay Prasad 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 the Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 03/2008, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Sym ( Kishore K. Mandal, J.) 3