IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4756 of 2011 PAPPU RAI @ BHUPENDRA RAI, SON OF BAIDYANATH RAI, RESIDENT OF VILLAGE DIGHIYA, P.S. NIRMALI, DISTRICT- SUPAUL. ….PETITIONER Versus THE STATE OF BIHAR. ……..OPPOSITE PARTY. ----------- 2. 28.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in relation to Nirmali P.S. Case No. 40 of 2009 instituted under Sections 302/201,120(B) of the Indian Penal Code. The petitioner is not named in the First Information Report nor in course of any subsequent investigation, but his name transpires for the first time in the supervision note, during supervision of the investigation. It is surprising that learned Additional Sessions Judge, Supaul while rejecting the application of this petitioner noticed that several other co-accused have already been granted bail by this Court, chose to ignore the said fact and /or distinguish the case of the petitioner in any manner from those who had already been enlarged on bail. This clearly shows that the learned Judge either is incompetent or lacks the ability to take decisions in the matter. That is regrettable. 2 Several co-accused, who were accused in the F.I.R. have already been granted bail by this Court. In that view of the matter, let the petitioner is directed to 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 Sub-Divisional Judicial Magistrate, Birpur in connection with Nirmali P.S. Case No. 40 of 2009. Let the copy of this order be communicated to the court below. Devendra/ ( Navaniti Prasad Singh, J.)