IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2440 of 2011 LALIT YADAV @ LALIT KR. YADAV, SON OF SHOBHA KANT YADAV Versus THE STATE OF BIHAR ----------- 02 08.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks his bail in connection with Rosera P.S. Case No. 173 of 2008 registered under Sections 302/34, 120(B) of the Indian Penal Code and 27 of the Arms Act. Petitioner is not named in the First Information Report and it appears from perusal of the impugned order as well as submissions of the parties that the name of petitioner came in this case during course of investigation. Furthermore, it appears that confessional statement of co-accused Krishna Kumar Yadav @ Barka Yadav as well as confessional statement of this petitioner were recorded. Even, if the confessional statements, recorded by the police, accepted to be true, then also, at the time of the alleged occurrence the petitioner was only sitting on the motorcycle. Moreover, co-accused Krishna Kumar Yadav @ Barka Yadav has already been granted privilege of bail by another Bench of this Court vide order dated 10.01.2011 passed in Cr. Misc. No. 45054 of 2010. In view of the aforesaid facts and circumstances, let the petitioner 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 learned 3rd Additional Sessions Judge, Samastipur in connection with Sessions Trial No. 205 of 2010 arising out of above stated Rosera P.S. Case No. 173 of 2008. Shahzad (Hemant Kumar Srivastava, J )