IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4672 of 2011 MANOJ RAI @ MANOJ KUMAR @ MIKKU RAI SON OF VISHWANATH RAI RESIDENT OF VILLAGE- ALHANPUR, POLICE STATION- BIHTA, DISTRICT- PATNA. …..PETITIONER. Versus THE STATE OF BIHAR . ----------- 2. 24.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in relation to Bihta P.S. Case No. 03 of 2007 instituted under Sections 342,323, 324, 307,302 and 504/ 34 of the Indian Penal Code. The informant who later died, states in the fardbeyan that on his way he was surrounded by the petitioner and other including Akhileshwar Rai and Vijay Rai and brutally assaulted by them which injuries to fatal. Petitioner submits that he has been falsely implicated in this case. He submits that police after full investigation has submitted charge-sheet against Akhileshwar Rai and Vijay Rai and other but after completion of investigation which was carried as against the petitioner, police submitted final report not sending up the petitioner for trial. 2 Mr. Shakil Ahmad Khan learned senior counsel for the petitioner submits that the said Akhileshwar Rai and Vijay Rai had already granted bail by this Court in Cr. Misc. 433 of 2010 disposed of on 3.8.2010. Mr. Shamsi appearing for the private prosecution submits that the statement of the informant would be a dying declaration. Having considered the matter, in my view other co-accused similarly situated having already granted bail, there is no reason why the privilege of bail is not given to the petitioner. Let the petitioner, namely, Manoj Rai @ Manoj Kumar@ Mikku Rai is directed to be released on bail on furnishing bail bond of Rs.10,000 ( ten thousand) with two sureties of the like amount each to the satisfaction of Shri Pranaw Shankar, Judicial Magistrate, 1st Class, Danapur, Patna in connection with Bihta P.S. Case No. 03 of 2007. Devendra/ ( Navaniti Prasad Singh, J.)