IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23363 of 2010 RAKESH KUMAR, S/O SH. RAM UDIT SAO, R/O Bahrampur, P.S. Dhanarua, District-Patna …………Petitioner . Versus STATE OF BIHAR . ----------- 5/ 07.10.2010 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the opposite party no. 2 and learned Additional Public Prosecutor for the State. The sole petitioner, who is in custody in connection with Ram Krishna Nagar P.S. Case No. 51 of 2008 corresponding to Sessions Trial No. 201 of 2009 for the offence under Sections 302, 379/34 of the Indian Penal Code, 27 of the Arms Act and 3/4 of Explosive Substance Act, has prayed for grant of bail. Learned counsel for the petitioner, while pressing the bail petition, has submitted that co-accused Sanoj Kumar has been granted bail by this Court on 26.02.2010 passed in Cr. Misc. 5204 of 2010. It has further been submitted that there is no material against this petitioner. Accordingly, it has been prayed for grant of bail. Learned counsel appearing on behalf of the opposite party no. 2 has vehemently opposed the prayer of bail. It has been submitted by him that in this case, trial is at the fag end. It has been submitted that almost all the witnesses have already been examined. Only one witness is required to be examined by the prosecution. Keeping in view the fact that the petitioner was named 2 in the First Information Report, the Court of is of the opinion that benefit of bail to the petitioner cannot be extended like accused Sanoj Kumar. Accused Sanoj Kumar is not named in the First Information Report. His name has surfaced in the confession of one of the accused. In the present case, informant has specifically alleged against this petitioner. Besides this, since trial is at the fag end it would not be proper to extended the privilege of bail to the petitioner at this stage. Accordingly, the petition stands rejected. Bhardwaj ( Rakesh Kumar, J.)