IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14585 of 2009 GAUTAM KUMAR Versus THE STATE OF BIHAR ----------- 02 01.09.2009 Heard both sides. Sole petitioner has applied for anticipatory bail in a case instituted under Sections 302/34 of the Penal Code and Section 27 of the Arms Act. While pressing the anticipatory bail application it is submitted that the similarly situated co-accused has been privileged with anticipatory bail considering the alibi. It is next contended that petitioner of the present case was also taking examination during the relevant date and time. He places reliance on annexure-2, which is a certificate granted by the Central Superintendent. Annexure-3 is the admit card. It is next contended that the deceased received only two fire arm injuries where as allegation is that as many as four accused persons fired. Learned counsel for the petitioner handed in an order dated 05.01.2009 passed in Cr. Misc. No. 26292 of 2008, whereby co- accused, namely, Sunil Kumar @ Sunil Mandal, considering the submission of the said petitioner, this court granted the privilege of anticipatory bail during the period of investigation till submission of the charge sheet. The order is placed on record marked ‘X’. Having regard to the said fact, this court is also 2 persuaded to grant the same privilege in the same terms to the petitioner. Let the petitioner above named, in the event of his arrest or surrender before the court below within a period of 04 weeks from today, 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 C.J.M. Munger in connection with Asarganj P.S. Case no. 26 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. This privilege is granted to him till filing of the charge-sheet. Sym/ (Kishore K. Mandal, J.)