IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42305 of 2009 Nikhil Pandey, Son of Shri Krishna Nand Pandey, Resident of Village Bihra, Police Station Pachgachhiya, District Saharsa. ---------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 7.12.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for an offence under Section 302/120B of the Indian Penal Code and Section 27 of the Arms Act, has his defence that there has been an omnibus allegation and that too by way of confessional statement which by no means can be sufficient for binding the petitioner. Learned counsel for the petitioner would also submit that co-accused having identical allegations have already been released on bail and in this context, he has referred to the order of this Court dated 5.5.2008 in Cr. Misc. No. 51063 of 2007 as also another order of this Court dated 28.10.2009 in Cr. Misc. No. 37004 of 2009. Considering the fact that the petitioner has remained in custody since 1.6.2009, this Court would direct for release of the petitioner, namely, Nikhil Pandey on bail on 2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 50 of 2007, subject to the condition that one of the bailors shall be either of the parents or wife of the petitioner, who has sworn affidavit in support of this bail application. This Court, however, would make it clear that as the co-accused Chintu Yadav was granted bail by this Court by taking into account that he had only one criminal case other than the present one against him, the petitioner of this case will also be released on bail if there is only one more criminal case pending against him. The court below, therefore, would verify the criminal antecedent of the petitioner and release the petitioner on fulfillment of the aforementioned conditions. Rsh (Mihir Kumar Jha, J.)