IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22666 of 2010 MURARI YADAV son of late Ram Narayan Pd., Resident of village-Kharauna, P.S.-Masaurhi, District-Patna. Versus STATE OF BIHAR ----------- 6. 11.1.2011. Heard Mr. N.K.Agrawal, learned senior counsel appearing on behalf of the petitioner and Mr.Jitendra Kumar Singh, learned Addl. P.P. The petitioner, who is in custody since 25.4.2009 in connection with Masaurhi P.S. Case No.15 of 2001 for the offences under section 302/34 of the Indian Penal Code and section 27 of the Arms Act, has prayed for grant of bail. Accusation against the petitioner is that he along with one another accused had opened fire on the father of the informant whereby he was killed. Learned counsel for the petitioner, while pressing the bail petition, submits that out of two accused, one accused, namely, Principal Yadav was granted bail on 11.1.2002 vide Cr.Misc. No.30241 of 2001. It was further submitted that the petitioner has already remained in jail for a quite considerable time. Accordingly, prayer has been made to enlarge the petitioner on bail. Mr. Jitendra Kumar, learned Addl. Public Prosecutor while opposing the bail petition submits that in this case first information report was lodged in the year 2001 and co-accused was granted bail in the 2002. This petitioner did not appear for quite a long time. Moreover, the petitioner is having criminal antecedent. 2 Accordingly, he has prayed to reject the prayer for bail. In this case earlier antecedent report of the petitioner was called for, which has been received and is kept at flag ‘A’ to the petition. It indicates that the petitioner, besides the present case, is accused in other two cases also i.e. Masaurhi P.S.Case No.72 of 1998 and Masaurhi P.S.Case No.262 of 2005 for the offences under sections 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act. Keeping in view the fact that the petitioner did not appear at an early date as well as the fact that the petitioner is having criminal antecedent, the court is of the opinion that the petitioner cannot be equated with the co-accused-Principal Yadav, who has been granted bail. Accordingly, the prayer for bail of the petitioner stands rejected. Md.S. ( Rakesh Kumar, J.)