IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5742 of 2011 Vijay Singh, S/O-Kamo Singh Versus The State Of Bihar with Cr.Misc. No.5961 of 2011 Suraj Singh @ Surja, S/O-Sri Umesh Singh Versus The State Of Bihar with Cr.Misc. No.8290 of 2011 Abhimanyu Kumar, S/O-Umesh Prasad Singh Versus The State Of Bihar ----------- 03 12.07.2011 All the above stated petitions are taken enbloc as the said petitions arise out of Cheriya Bariyarpur P.S. Case No. 11 of 2010 registered under Sections 447, 386, 302, 427, 435, 120B/34 of the Indian Penal code, 27 of the Arms Act and 3 (1) (X) of S.C. & S.T. Prevention of Atrocities Act, and accordingly, all the above stated petitions are being disposed of by this common order. The case relates to the murder of two persons and it is specific case of the prosecution that F.I.R. named accused Maina Singh along with three to four unknown persons came at the shop of the deceased and pumped bullets on their bodies. Admittedly, petitioners are not named in the first information report and their names came in the re-statement of informant in course of investigation. Learned counsel appearing in Cr. Misc. No. 5742 of 2011 points out that having more or less similar allegation co- accused Manoj Singh @ Manoj Kumar Singh has already been granted privilege of bail by another Bench of this Court vide order dated 09.09.2010 passed in Cr. Misc. No. 23523 of 2010 and his further submission is that it was co-accused Maina Singh who opened fire on the deceased. So, even if, it is assumed that the petitioner was present at the place of occurrence, then also, his case is similar to the above stated co-accused Manoj Singh @ Manoj Kumar Singh. Learned counsel appearing in Cr. Misc. No. 8290 of 2011 echoed the above stated submission but added that petitioner is co-villager of the informant and had he participated in the alleged crime, he would have certainly been identified by the informant. Similar submission is advanced on behalf of the petitioner in Cr. Misc. No. 5961 of 2011. Although, learned Additional Public Prosecutor opposed the prayer on the ground that co-accused Manoj Singh @ Manoj Kumar Singh has been granted privilege of bail by the Court after considering his antecedent but I do not find any force in his contention. Considering the aforesaid facts and circumstances as well as submissions of the parties, let all the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 11 of 2010. It is made clear that the conditions imposed upon co- accused Manoj Singh @ Manoj Kumar Singh vide order dated 09.09.2010 passed in Cr. Misc. No. 23523 of 2010, except condition no. 2 shall apply to the petitioners also. Shahzad ( Hemant Kumar Srivastava, J.)