IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35728 of 2010 PRADEEP KUMAR @ PRADEEP KUMAR JAISWAL Versus STATE OF BIHAR with Cr.Misc. No.35989 of 2010 KAUSHAL SINGH @ KAUSHAL KISHORE SINGH @ KAUSHAL KUMAR Versus STATE OF BIHAR with Cr.Misc. No.37790 of 2010 JINNI @ JITENDAR RAM Versus STATE OF BIHAR ----------- 2 18.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. All these three bail applications have arisen out of the same case , i.e. Mohania P.S. Case No. 364 of 2009 registered under Section 307 & other allied sections of the Indian Penal Code but subsequently, section 302 Indian Penal Code was also added. Since all the bail applications are related with same case, the above said bail applications are being disposed of by this common order. Allegedly, petitioners alongwith several other persons went in the office of the informant and it is stated that petitioner, namely, Jinni @ Jitendar Ram (in Cr. Misc. No. 35728 of 2010) and one Alok Singh assaulted one Bhola Singh @ Ravindra Singh with Danda and rest persons scuffled with informant and above-said Bhola Singh @ Ravindra Singh. Bhola Singh sustained head injury and he was taken to hospital where in course of treatment, he succumbed to his injury. The co-accused, Alok Kumar was apprehended by the 2 informant and others and disclosed the name of his associates including the petitioner in Cr. Misc. No. 35728 of 2010. Subsequently, when the matter was investigated, name of petitioner, Kaushal Singh @ Kaushal Kishore Singh @ Kaushal Kumar (in Cr. Misc. No. 35989 of 2010) came in light. Learned counsel appearing in Cr. Misc. No. 35728 of 2010 and Cr. Misc. No. 37989 of 2010 submits that case of petitioner in Cr. Misc. No. 35728 of 2010 stands on similar footing to that of co0accused Babloo who has already been granted privilege of anticipatory bail by the bench of this court and so far as petitioner in Cr. Misc. No. 35989 of 2010 is concerned, there is no specific allegation of assault against him and he has not been named in the FIR nor his name was disclosed by the apprehended accused, Alok Singh. Learned counsel appearing in Cr. Misc. No. 37790 of 2010 submits that the deceased sustained only one head injury. So, there is doubt as to who is author of the aforesaid injury. Considering the aforesaid facts and circumstances, to maintain the parity of justice, prayer for anticipatory bail on behalf of the petitioners in Cr. Misc. Nos. 35728 of 2010 and 35989 of 2010 is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioners, namely, Pradeep Kumar @ Pradeep Kumar Jaiswal (in Cr. Misc. No. 35728/2010) and Kaushal Singh @ Kaushal Kishore Singh @ Kaushal Kumar (in Cr. Misc. No. 35989 of 2010) 3 shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Mohania P.S. Case No. 364 of 2009 to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua subject to condition as laid down u/S 438(2) of the Cr.P.C, So far petitioner, Jinni @ Jitendar Kumar (in Cr. Misc. No. 37790 of 2010) is concerned, his prayer for anticipatory bail is rejected. However, the above-said petitioner is directed to surrender before the learned Chief Judicial Magistrate, Kaimur at Bhabua and if the petitioner so surrenders within 30 days from the date of receipt of order and seeks regular bail, the learned Chief Judicial Magistrate shall dispose of the regular bail application of the petitioner on the same day and after that, if above said petitioner seeks regular bail before the learned Sessions Judge, then the learned Sessions Judge, Kaimur at Bhabua shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order particularly, keeping in mind the submission advanced on behalf of the petitioner before this court. AKV/- ( Hemant Kumar Srivastava,J.)