IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12473 of 2011 TULSI SHARMA Versus THE STATE OF BIHAR ----------- 02 29.04.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Admittedly, there is case and counter case between the parties and it is stated that some houses were burnt to ashes by the prosecution party on the alleged date of occurrence. There is allegation against the petitioner that he along with co- accused Subhash Sharma mercilessly beaten the deceased but admittedly, co-accused Subhash Sharma has already been granted privilege of bail by another Bench of this Court vide order dated 18.03.2011 passed in Cr. Misc. No. 6162 of 2011. Learned counsel appearing for the informant points out that in course of investigation, some witnesses have stated that it was petitioner, who gave fatal blow to the deceased but as I have already noticed that having more or less similar allegation co-accused Subhash Sharma has already been granted privilege of bail so, I think it proper to release the petitioner, who is languishing in jail custody since 20.09.2010 on bail. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 172 of 2010. Shahzad (Hemant Kumar Srivastava, J )