IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39843 of 2010 GAURAV KUMAR SINGH @ GULABO @ GULABU, S/O DILIP KR. SINGH, RESIDENT OF VILLAGE RAMCHUA, POLICE STATION SHAMBHUGANJ, DISTRICT BANKA. Versus THE STATE OF BIHAR ----------- 3. 9.3.2011. Heard Shri Ajay Mukherjee, learned counsel for the petitioner and Shri N.K. Khare, learned Additional Public Prosecutor. The petitioner, who is in custody in connection with Sessions Trial No.894 of 2010 (arising out of Shambhuganj P.S. CaseNo.2 of 2010) for the offence under Section 364(A) of the Indian Penal Code, has prayed for grant of bail. The petitioner has prayed for bail on the strength that one of the co-accused, namely, Sobhan Kumar has already been granted bail since compromise in between the parties has already been arrived. It was further submitted that informant and petitioner are co-villagers and the victim boy was recovered in abandoned condition. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail. It was submitted that co- 2 accused Sobhan Kumar had also stated that for the purposes of ransom, boy was kidnapped. In the F.I.R., there is specific allegation against the petitioner that after kidnapping, from Mobile phone he had demanded ransom. It further appears that trial has already commenced. So far as grant of bail to co-accused is concerned, the court is of the opinion that such benefit cannot be granted to the petitioner, since the case of co-accused is not similar to the petitioner. He was not named in the F.I.R, whereas there is specific assertion against the petitioner in the F.I.R. and petitioner, who has been named in the F.I.R. Prayer for bail stands rejected. N.H./ ( Rakesh Kumar,J.)