IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40017 of 2010 1. AJIT KUMAR SON OF LATE RAJ DEO SINGH 2. ANJANI KUMAR @ PURI SON OF AKLU SINGH ALL RESIDENT OF VILLAGE PAINAL, P.S. BIHTA, DISTRICT PATNA. Versus THE STATE OF BIHAR ----------- 3. 11.3.2011. Heard Shri Akhileshwar Prasad Singh, learned Senior Counsel appearing on behalf of two petitioners and Shri A.M.P. Mehta, learned Additional Public Prosecutor. The petitioners, who are in custody in Bihta P.S. Case No.90 of 2010 for the offence under Section 302 and other allied Sections of the Indian Penal Code and 27 of the Arms Act, have prayed for grant of bail mainly on the ground that some of the other accused persons, having similar accusation, have been granted bail. It was further submitted that in the F.I.R. also, there is no specific allegation. There is general and omnibus allegation of firing against all the accused persons. Even in case of accused Vidya Bhushan, whose case is exactly on similar footing this Court has extended the privilege of bail. Learned Additional Public 2 Prosecutor has strongly opposed the prayer for bail. It was submitted that in this occurrence beside death of the informant’s son others have also received fire arm injury. However, he does not dispute that some of the other accused, on similar footing, have been granted bail. In view of the fact, particularly the fact that some of the other accused persons, on similar accusation, have been extended the privilege of bail, there is no reason to deny the prayer for bail of these two petitioners. Let both the petitioners above named be enlarged on bail on their furnishing bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in Bihta P.S. Case No.90 of 2010. N.H./ ( Rakesh Kumar,J.)