IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44449 of 2008 RUPESH KUMAR @ RUPESH SINGH Versus STATE OF BIHAR With Cr.Misc. No.44739 of 2008 SANJEEV SINGH Versus STATE OF BIHAR ----------- 2. 24.11.2008 Heard Sri Praveen Kumar, Advocate for petitioner Rupesh Kumar @ Rupesh Singh, Sri Ajay Mishra, Advocate for petitioner Sanjeev Singh and the learned A.P.P. for the State. It is the renewal prayer on behalf of the above named two petitioners, whose prayer was earlier dismissed in Cr.Misc. Petition No.55588 of 2007 and 9152 of 2008. At the very strength of the record of fact made by this Court in its previous order refusing the prayer for bail of some other accused persons, none of the accused could be categorized as the assailants of the deceased on the material which was collected during the course of investigation. The court was also of the opinion that there was some discrepancy in the medical evidence. The learned A.P.P. has vehemently opposed the reconsideration of the earlier - 2 - rejection order by reading out to me the deposition sheets of some of the witnesses and has submitted that petitioner Rupesh Kumar @ Rupesh Singh is alleged to have given blows with butt part of rifle whereas petitioner Sanjeev Singh also bears similar nature of allegations. The replies to the above contention is that there was no such allegation in the FIR nor any witness in the investigation as stated and it could be an improvement in the prosecution story. Be that as it may, considering that the Court was clearly of the view that there could be ambiguity and uncertainty as regards the authorship of the offence individually, let the above named two petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Sri B.K.Pandey, A.D.J.Ist, Bhagalpur in S.T.No.340 of 2008( Banka P.S.Case No.302 of 2007). B.Kr. ( Dharnidhar Jha, J. )