IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17110 of 2010 MUNER BHUIYAN Versus STATE OF BIHAR ----------- 5 5.8.2010 Heard counsel for the petitioner and the State. The petitioner is an accused in a case under sections 364, 302, 34 of the Penal Code and section 27 of the Arms Act as well as section 17 of the C.L.A.Act. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name has been figured on the confessional statement of co-accused. He further submits that some of the accused namely Sanjay Yadav and Lallu Singh named by the witness Narendra Singh has been allowed bail by this court. He submits that had the petitioner been an accused, the witness Narendra Singh ought to have named him at the first instance when the F.I.R. was being recorded. Counsel for the State submits that the case is of the year 2003 and the petitioner has surrendered on 6.1.2010. It is true that the case of the petitioner is similar to that of co-accused Sanjay Yadav who has been named by the witness Narendra Singh and has been allowed bail by this court. However, it appears that while allowing bail to co-accused Lalu Singh, this court noticed that he was in custody for about 8 ½ months. The petitioner has surrendered on 6.1.2010. In the circumstances, I am not inclined to grant bail to 2 KHAN the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after three months. (S.P.Singh,J)