IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19050 of 2011 Girish Singh, S/O-Brahmdeo Singh Versus The State Of Bihar ----------- 04 29.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is main assailant and there is specific allegation against him that he opened fire on back of the informant as a result of which informant sustained firearm injury. Learned counsel for the petitioner submits that in course of investigation when Ferdbeyan of the informant was recorded he stated that not only petitioner but also several other accused persons including one Kundan Singh opened fire on him and the aforesaid Kundan Singh has already been granted privilege of bail by this Court vide order dated 07.07.2010 passed in Cr. Misc. No. 15432 of 2010. In course of hearing learned counsel for the petitioner produced web copy of order dated 07.07.2010 passed in Cr. Misc. No. 15432 of 2010. The perusal of order dated 07.07.2010 passed in Cr. Misc. No. 15432 of 2010 shows that at the time of consideration of bail prayer of co-accused Kundan Singh, Para-37 of the case diary was not brought to the notice of the Court and aforesaid co-accused Kundan Singh was granted bail by another Bench of this Court considering this aspect of the matter that he was not assailant of the informant. The case of this petitioner is quite different to that of co- accused Kundan Singh. Accordingly, I am not inclined to release the petitioner 2 on bail and hence his prayer for bail in connection with Khagaria (Gangaur) P.S. Case No. 146 of 2007 pending in the court of Chief Judicial Magistrate, Khagaria is, hereby, rejected. The concerned court should take possible steps for commitment of case of the petitioner to the court of Sessions in accordance with law and commit the case of the petitioner to the court of Sessions as early as possible. SHAHZAD ( Hemant Kumar Srivastava, J.)