IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22978 of 2010 Mintu Mian, Son of Late Kaila Mian, resident of Village-Chodhli, Police Station-Beldaur, District-Khagaria ------------Petitioner Versus STATE OF BIHAR ----------- 04 06-10-2010 Heard Sri Sanjay Kumar Sinha, learned counsel appearing on behalf of the petitioner and Smt. Indu Bala Pandey, learned Addl.Public Prosecutor appearing on behalf of the State. The sole petitioner, who is in custody since 19.01.2010 in connection with Beldaur P.S. Case no.20 of 2007 for the offences under Section 302/201/34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. Learned counsel for the petitioner, while placing the bail petition, submits that one of the co-accused, namely, Sunnu Mian almost having similar allegation has been granted bail by this Court vide order dated 3.9.2009 passed in Cr.Misc.No.31744 of 2009. The order dated 3.9.2009 has been brought on record as Annexure-2 to the petition. It has been submitted that none of the witnesses has stated that this petitioner had directly participated in the occurrence. Accordingly, it has been prayed to grant bail to the petitioner. Learned Addl.Public Prosecutor appearing on behalf of the State, while opposing the prayer of the petitioner, has submitted that in paragraphs 42, 43 and 44 of the case diary, the participation of this petitioner has been noticed. It has been 2 submitted that the petitioner is accused in number of cases. Accordingly, it has been prayed to reject the prayer for bail of the petitioner. In this case earlier case diary as well as antecedent report of this petitioner was called for, which has been received. The antecedent report is kept at Flag-B. I have perused the antecedent report, which shows that the petitioner has been made accused in altogether eight cases relating to serious offences. It has been submitted by the learned counsel for the petitioner that in all the cases the petitioner has already been granted bail except the present case. Keeping in view the fact that one of the co-accused having similar allegation has already been granted bail by this Court, 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 learned 2nd Addl. Sessions Judge, Khagaria in connection with Beldaur P.S. Case No.20 of 2007 in S.C.No.39/2010 NKS/- ( Rakesh Kumar, J.)