IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20256 of 2010 TULSI RAM Versus STATE OF BIHAR ----------- 3 27.9.2010 Heard counsel for the petitioner and the State. The petitioner is an accused in a case under sections 364, 302 of the Penal Code. It is alleged by the informant that her husband was kidnapped by the 12 named accused persons along with some unknown persons. Later on his dead body was found. Learned counsel for the petitioner submits that ten named accused persons have been granted bail. He further submits that in course of investigation, one of the co-accused Suryadeo Das is said to have stated that the petitioner opened fire causing injury in the chest of the deceased and one Shyam Narayan Rajak who opened fire near the ear of the deceased has been allowed bail. He submits that the statement of co-accused cannot be relied upon. It would appear from the post mortem report that fire arm injury has subsequently been penned down. The petitioner is in custody since 12.10.2009. Counsel for the State opposes the prayer for bail. He submits that co-accused Suryadeo Das has made specific allegation against the petitioner which stands supported from the post mortem report. The case of the petitioner stands on different footing than those accused persons who have been granted bail. 2 KHAN Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after eight months. (S.P.Singh,J)