IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46940 of 2008 SHRI SHARMA @ SHRI NIWAS SHARMA, Son of Bashisht Sharma, Resident of Village- Manan Bigha, P.S.- Parasbigha, District- Jehanabad :-----Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- 2. 16.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302 and other allied Sections of the Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with 12 others including Ram Babu Sharma, Accused No.3. It is submitted on his behalf that all the accused persons named in the First Information Report were identified by the informant at the place of occurrence as those who were responsible for the murder of the father-in-law and younger brother-in-law of the informant. It is further submitted that there is no overt act alleged against any of the accused named in the First Information Report and appreciating such fact accused no.3 Ram Babu Sharma has already been admitted to the privilege of bail by another Bench of this Court under orders dated 03.01.2008 passed in Cr. Misc. No. 44767 of 2007 and there is nothing to distinguish the case of the petitioner with said Ram Babu Sharma. Let the trial court consider the period of incarceration undergone by the petitioner and Ram Babu Sharma aforesaid and release the petitioner, namely, Shri Sharma @ Shri Niwas Sharma on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Parasbigha P.S.Case No. 84 of 2005 after he undergoes the same period of incarceration as under trial prisoner which was undergone by Ram Babu Sharma aforesaid. P.K.P. (V.N.Sinha,J.)