IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5805 of 2009 AJAYKUMAR MISHRA Versus UNION OF INDIA THROUGH C.B.I. ----------- 2/ 19.02.2009 Heard learned counsel for the petitioner and learned counsel for the opposite party. Allegation is there regarding attacking by Police Personnel, including this petitioner upon Dilip Singh by means of 3.3 rifles and S.L.R. while the defence is that Dilip Singh was a veteran criminal. Several times, he attacked the Police Station and that was repeated at this occasion also while that was countered by Police Personnel, including petitioner. Some of the co-accused persons (police personnel) have been allowed bail by this Court. The case is differentiated by the learned counsel for the C.B.I. on the ground that petitioner was armed with S.L.R. and his custody is less than those who have been allowed bail by this Court. But, I fail to understand that in case of murder finding direct involvement without finding other materials, anyone can be allowed bail after months only. In my view, while allowing bail to anyone with the allegation as of the present case, only custody cannot be taken into consideration while some of them are allowed bail and there is claim and counter claim by way of defence. But, taking into consideration that some of the accused persons have been allowed bail in the case, the petitioner is also enlarged on bail. 2 Let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 5th Additional Sessions Judge, (C.B.I. Spl.) Patna in connection with C.B.I. Case no. RC- 2(s)/2003/CBI/SIC-IV/ND arising out of Cheriabariyarpur (Manjhaul) P.S. Case no. 130 corresponding to Session Trial no. 1402 of 2007. shail (Mandhata Singh, J.)