IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21034 of 2008 BINAY KUNWAR @ BINOY KUMAR Versus STATE OF BIHAR ----------- 3 2.7.2008 This application has been filed for modification of an order dated 02.05.2008 passed in Cr. Misc. No. 15883 of 2008 wherein this Court noticing that Binay Kunwar was the kingpin of the alleged occurrence had refused bail to the petitioner. Counsel for the petitioner however submits that there were two Binay Kunwar who were accused in this case and the kingpin as per the First Information Report and the statement made in the case diary is one who is son of Jagdish Kunwar and the petitioner is the son of one Janardhan Kunwar. This Court has perused the First Information Report as also the materials in the case diary from which it is clear that Binay Kunwar who is said to be the kingpin and the leader of the gang as described in the First Information Report is one whose father is Jagdish Kunwar. Considering this fact, this Court would modify its order describing the petitioner to be the kingpin. In view of the fact that there is an omnibus allegation against the petitioner for offence under Section 147, 323, 337, 452 & 380 of the Indian Penal Code, this Court would also direct for release of the petitioner on bail keeping in view that other co-accused having similar allegation have been already granted bail as has been noted by this Court in the order dated 2.5.2008. - 2 - Accordingly, the petitioner namely Binay Kunwar @ Binoy Kumar is directed to be released on bail in connection with Amarpur P.S. Case No. 180 of 2004 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka. The order dated 2.5.2008 in Cr. Misc. No. 15883 of 2008 stands modified to the extent indicated above. Rsh (Mihir Kumar Jha, J.)