IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31897 of 2009 VINOD RAI @ VINOD KUMAR, Son of Yogeshwar Rai, resident of Village-Basia, Police Station-Gopalpur, District-Patna. Versus THE STATE OF BIHAR ----------- 3 14/9/2009 Heard counsel for the petitioner and counsel for the State. A person is said to have been killed by firing injuries resorted to by five persons. Submission is that one of them, namely, Upendra Rai @ Bodia was granted bail by this Court by recording that it was uncertain as to whose shot killed the deceased. Such finding has been recorded on the basis of injuries found on the person of the deceased. The order of the court below would show that another co-accused having similar allegation, namely, Suraj Kumar @ Suraja was also granted bail probably on the same basis. In that view of the matter, the petitioner also deserves to be released on bail, only after completing the period under which both co-accused, namely, Suraj Kumar @ Suraja and Upendra Rai @ Bodia had remained in jail custody. It is clear from the record of the court below that co-accused Suraj Kumar @ Suraja had remained in custody for 16 months and about co- accused Upendra Rai @ Bodia counsel is not very confident with regard to his period of custody. That being so, this Court would direct for release of the petitioner on bail, who is in custody since 29.5.2009, after 2 completing the period of 16 months. And accordingly the petitioner may renew his prayer for bail after completing his judicial custody for a period of 16 months. With the aforementioned observation this application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)