IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44246 of 2009 SANJAY KUMAR JAISWAL son of late Yogendra Kumar Bhagat, resident of village-Tapuwa, P.S.-Ekchari (Pirpanti), Dist.-Bhagalpur. Versus STATE OF BIHAR ----------- 3. 24.2.2010 Heard Mr.B.P.Pandey, learned senior counsel for the petitioner and learned APP for the State. The petitioner is in custody in connection with Sabour P.S. Case No.207 of 2009 registered for the offences under sections 324, 307/34 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioner submits that some of the co-accused persons have been granted bail by the court below. However, he fairly admits that the case of the petitioner is not exactly similar due to the reason that against them there was no allegation of firing but this petitioner is said to have fired while moving on a motorcycle. One of the co-accused Arbind Kumar Akela @ Arbind Akela had approached this court vide Cr. Misc. No.39878 of 2009 for grant of bail and his prayer for bail was rejected on 23.11.2009. In the case of Arbind Kumar Akela it was argued that main allegation was against this petitioner i.e. Sanjay Kumar Jaiswal. Even then this court rejected the bail petition of co- accused Arbind Kumar Akela. However, learned counsel for the petitioner tried to distinguish the case of this petitioner with the case of co-accused Arbind Kumar Akela on the ground that he was having criminal antecedent whereas the petitioner has got clean 2 antecedent. Since the co-accused having lesser allegation than this petitioner has been refused bail by this court, it is not advisable to extend the privilege of bail to this petitioner. Accordingly, the prayer for grant of bail of the petitioner is rejected. Since the petitioner is in jail, it is desirable to direct the court below to expedite the trial and conclude the same at the earliest. Md.S. ( Rakesh Kumar, J.)