IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42629 of 2010 Prakash Singh, S/O Late Bholi Singh, resident of Village- Pachgachia Tola Kadwa, P.S. Naugachia ( Dholbajja), District- Bhagalpur ------------------------ Petitioner Versus THE STATE OF BIHAR ----------- 02 18-01-2011 Heard Sri Amrendra Kumar, learned counsel for the petitioner and Sri Manoj Kumar No.1, learned Addl. Public Prosecutor. The sole petitioner, who is in custody in Naugachia (Kadwa) P.S. Case No.64 of 2006 for the offence under Section 302/34 of the Indian Penal Code, has prayed for grant of bail. Accusation against the petitioner is that the petitioner was associate of other accused persons and in the case brother of the informant was killed by one Bidyanand Singh. In the F.I.R., there is specific allegation against co-accused Bidyanand Singh, who had fired on the person of the brother of the informant. Of course, it was alleged that the petitioner was also amongst other accused persons. Learned counsel for the petitioner submits that other accused persons having similar allegation have already been extended the privilege of bail. This fact has been mentioned in paragraph nos.13, 14 and 16 of the petition. It is evident that co- accused Sushil Singh, Manoj Singh, Ram Singh, Changuri Singh having similar allegation have already been extended the privilege of bail. Keeping in view the fact that there is no specific 2 allegation against the petitioner as well as the fact that number of other similarly situated accused persons have been granted bail, there is no reason to deny the privilege of bail to the petitioner. Let the petitioner above named 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 the learned Addl. Chief Judicial Magistrate, Naugachia at Bhagalpur in connection with Naugachia ( Kadwa) P.S. Case No.64 of 2006 with condition that during the trial the petitioner shall remain physically present on each and every date , failing which his bail bond shall stand automatically cancelled. However, with prior permission of the trial court he can remain absent on particular date. NKS/- ( Rakesh Kumar, J.)