IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36930 of 2010 1. RAJIV KUMAR SINGH, S/O SACHIDANAND SINGH @ KALI SINGH. 2. RAM BINOD MALAKAR @ CHECHUA MALAKAR, S/O RAM PRAKASH MALAKAR. Versus STATE OF BIHAR ----------- 02. 06.10.2010. Heard the learned counsel for the petitioners and learned A.P.P. for the State. These petitioners, (i) Rajiv Kumar Singh, S/o Sachidanand Singh @ Kali Singh (ii) Ram Binod Malakar @ Chechua Malakar, S/o Ram Prakash Malakar, are in custody since 07.07.2010 and 29.07.2010 respectively in connection with Bibhutipur P.S. Case No.109 of 2008 instituted under Sections 302, 379, 120B/34 of I.P.C. According to the F.I.R., the informant’s brother, Birendra Prasad Singh and the other Ram Badan Singh were murdered. There is specific allegation that the co-accused, Ram Sewak Singh ordered to kill and thereafter Rajiv Kumar Singh @ Rai Ji fired by pistol on Ram Badan Singh, Ajay Singh fired at Birendra Prasad Singh and Uday Jha fired upon the informant’s brother. The leaned counsel for the petitioner submitted that there are 3 Rajiv Kumar Singh in this case. The allegation of firing is against another Rajiv Kumar Singh @ Rai ji. The petitioner of this case, i.e., Rajiv Kumar Singh S/o Sachidanand Singh is not even 2 named in the F.I.R. Subsequently, the name of this petitioner finds place in the statement under Section 164 Cr.P.C. Likewise, the second petitioner is also not named in the F.I.R. In similarly situated case, the co- accused persons, namely, Ram Sewak Singh, Tuntun Singh, Madan Singh and Rajiv Singh S/o Arbind Kumar, and Mithilesh Sah have already been granted bail by different Benches of this Court. Considering the above fact and circumstances of the case that the petitioners are not named in F.I.R. and further that there are specific allegation against the co-accused persons that they fired on the deceased persons, I direct that the petitioners named above be released on bail on furnishing bail bond of Rs.10,000/- (Rs.Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rosera, Samastipur in connection with Bibhutipur P.S. Case No.109 of 2008. Sanjeev/- (Mungeshwar Sahoo,J.)