IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44076 of 2009 DUDUL CHOUBEY @ SHREE PRAKASH CHOUBEY S/O SRI DHARM DEO CHOUBEY, RESIDENT OF VILLAGE KORANWADI, P.S. SONHAN, DISTRICT KAIMUR, AT PRESENT VILLAGE CHAKIYA, P.S. KUDRA, DISTRICT KAIMUR. Versus THE STATE OF BIHAR ----------- 5. 24.2.2010. Heard Mr. Om Prakash Pandey, learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in Kudra P.S. Case No.124 of 2009 registered under Sections 147, 149, 364, 302 and 323 of the Indian Penal code. It appears that prior to the occurrence, theft was committed in the shop of the petitioner and on that basis the petitioner and others arrived the village of the informant and they forcibly took four persons from the village and they carried all the four in their jeep. Subsequently, the villagers rushed towards Kudra Bazar and the petitioner along with other about 60-70 persons were seen while all the four kidnapped persons were being brutally assaulted by petitioner and others. In the said occurrence, all the four poor people - 2 - N.H./ were killed. Learned counsel for the petitioner, while pressing bail petition, has brought to the notice of this Court that one of the co- accused namely Krishna Kumar having similar allegation has been granted bail by order dated 22.10.2010 passed in Cr. Misc. No.1149 of 2010 and, accordingly, he submits that keeping in view the similar allegation, petitioner is also entitled to be released on bail. I do not think that case of petitioner can be considered similar to the case of Krishna Kumar. The co-accused, Krishna Kumar, it appears, was an employee of the petitioner. The petitioner was the main person, who led the team in which four persons were kidnapped and due to their brutal assault, all the four persons were killed. In view of the facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected. ( Rakesh Kumar,J.) - 3 -