IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.735 of 2009 1. RANJEET SINGH S/O SRI RAM SINGH, 2. RAM ANUJ SINGH @ ANUJ SINGH, S/O LATE SHIV LAKHAN SINGH. 3. NILESH KUMAR S/O SRI RAM SINGH. 4. SHAKTI KUMAR S/O SRI RAM SINGH. All above residents of Village-Nagwan, Police Station-Kinjer, District- Arwal. ………….Petitioners Versus THE STATE OF BIHAR ………..Opposite Party ----------- 03 25.02.2011 Both sides present. Learned counsel for the petitioners submits that he would not be pressing present application so far as, petitioner nos. 2 (Ram Anuj Singh @ Anuj Singh), 3 (Nilesh Kumar) and 4 (Shakti Kumar) are concerned for during the pendency of this application they have surrendered and released on bail by the court below itself. The present application, therefore, survives only in respect of petitioner No. 1 (Ranjeet Singh). It is submitted on behalf of the petitioners that during investigation no offence under Section 379 of the Indian Penal Code was found and, as such, the petitioners was released on bail by the police. By the order impugned dated 30.03.2009 in Trial No. 1692 of 2009, the learned Judicial Magistrate, 1st Class, Jehanabad initially allowed the petitioner to be continued on the bail earlier granted during investigation by the police but subsequently having found that cognizance has been taken under Section 379 of the Indian Penal Code also rejected the said prayer for bail and directed the petitioners to surrender and pray for bail. From the order impugned it does not appear that the petitioners ever misused or mis-utilized the privilege of bail. Considering the aforesaid aspect of the matter as also the fact that some of the accuseds similarly placed namely, Ram Anuj Singh @ Anuj Singh (petitioner No. 1), Nilesh Kumar Singh (petitioner No. 2) and Shakti Kumar (petitioner No. 3) have since been released on bail, this court would permit the petitioner to approach the court below for grant of bail within four weeks from today. If an application is filed seeking bail before the court below, the same shall be considered and disposed of keeping in view the fact that similarly placed co- accuseds have been released on bail and that there is no allegation of mis-use of privilege of bail. The application is accordingly disposed of. Let the order be communicated through Fax. Safik ( Kishore K. Mandal, J. )