IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41960 of 2010 ARVIND KUMAR @ ARVIND KUMAR YADAV Son of Mithilesh Yadav, resident of village-Mohanpur, P.S.-Sarmera, Dist.-Nalanda at Biharsharif. Versus THE STATE OF BIHAR ----------- 3. 28.1.2011. Heard Mr. A.J.Bahadur, who was assisted by Mr. Brajesh Sahay, learned counsel for the petitioner as well as Mr.Gajendra Prasad Yadav, learned Additional Public Prosecutor for the State. The petitioner, who is in custody in connection with Sarmera P.S.Case No.41 of 2004 for the offences under section 302 and other allied sections of the Indian Penal Code, has prayed for grant of bail. In this case first information report was lodged against sixteen accused persons including the petitioner. However, specific allegation of overt act has been made against only three accused persons i.e. Sudhir Yadav, Rakesh Yadav and Bijendra Yadav. It was submitted that during investigation nothing came against the petitioner and, as such, final report was submitted so far as the petitioner is concerned. However, the learned Magistrate differing with the police report took cognizance. It was further submitted that in the present case at least six accused persons have been extended privilege of bail. In view of the fact that the police has submitted final report as well as the fact that some of the other similarly situated co- accused have been extended privilege of bail , there is no reason to 2 deny the privilege of bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Nalanda at Biharsharif in connection with S.T. No.392 of 2010 arising out of Sarmera P.S. Case No.41 of 2004. Md.S. ( Rakesh Kumar, J.)