IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20537 of 2010 SHARWAN KUMAR @ SHARWAN YADAV Versus STATE OF BIHAR ----------- 09/ 30.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner is not named in the FIR and admittedly, during the course of investigation name of this petitioner surfaced in this case. The learned Sessions Judge has referred paragraph 10 of the case diary to show complicity of the petitioner in the alleged crime. Paragraph 10 of the case diary reveals that witness Ajay Kumar stated that one Rit Lal Yadav committed murder of the deceased with the help of petitioner and others. Learned counsel for the petitioner submits that having similar allegation two co-accused persons, namely, Bijay Rai @ Ujaran Rai and Sanjay Yadav @ Sanjay Rai have already been granted privilege of bail by another bench of this court vide orders dated 17.5.2010 passed in Cr. Misc. no. 15939/2010 and 19.4.2010 passed in Cr. Misc. no. 11796/2010 respectively. Learned counsel for the petitioner further submits that no doubt, petitioner carries criminal history of 22 cases but in almost all cases, he has already been granted bail either by this court or other courts. To fortify the aforesaid contentions, a supplementary affidavit has been filed on behalf of the petitioner. Considering this aspect of the matter that petitioner has already been granted bail in the cases earlier instituted against the - 2 - petitioner and having similar allegation, two co-accused have already been granted privilege of bail by this court as well as this aspect of the matter, petitioner is not assailant, I direct petitioner (Sharwan Kumar @ Sharwan Yadav) to be released on bail in connection with Bihta P.S. Case no. 280 of 2009 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Danapur subject to the condition that embargo put on other accused vide order dated 17.5.2010 passed in Cr. Misc. no. 15939/2010 and 19.4.2010 passed in Cr. Misc. no. 11796/2010 shall also be applicable against the petitioner. shahid (Hemant Kumar Srivastava,J)