IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1603 of 2011 SHYAM BABU RAI, SON OF RAJENDRA RAI Versus THE STATE OF BIHAR ----------- 02 28.02.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks his bail in connection with Bihta P.S. Case No. 122 of 2004 registered under Section 302 and other minor Sections of the Indian Penal Code as well as Section 27 of the Arms Act. Although, petitioner is named in the First Information Report but an omnibus allegation has been levelled against him that he along with other accused made indiscriminate firings as a result of which deceased sustained fire arm injury and died then and there. Contention of learned counsel for the petitioner is that the family members of the petitioner lodged several cases against the informant and deceased and that is the reason the petitioner has been roped in this case. He further submits that moreover, having more or less similar allegation some co-accused persons have already been granted bail, which is evident from Annexure-2 to this application. Taking into consideration that having similar allegation other co-accused persons are enjoying the privilege of bail, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with above stated Bihta P.S. Case No. 122 of 2004. Shahzad ( Hemant Kumar Srivastava, J.)