IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45147 of 2008 KHARAG NARAYAN TANTI @ SADHU TANTI, son of Rato Tanti, resident of village Bihat (Bihari Tola), P.S. Barauni, District Begusarai ……Petitioner Versus STATE OF BIHAR …..Opposite party ----------- 03/ 16.12.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 387 and other allied Sections of the Indian Penal Code and Sections 17,18 of the Criminal Law Amendment Act, which was registered against unknown. Petitioner has been implicated in the present case at the instance of co-accused Bechan Tanti, who recorded extra judicial inculpatory confession. It is submitted on behalf of the petitioner that said Bechan Tanti has been admitted to the privilege of bail by another Bench of this Court under orders dated 26.7.2007, Annexure-3 series and with reference to the said order, it is submitted that as the co-accused, Bechan Tanti, who implicated the petitioner, has since been admitted to the privilege of bail, petitioner be also admitted to the privilege of bail. When such submission was made, this Court desired to know about the antecedent of the petitioner, whereafter counsel accepted that the antecedent of the petitioner is not clean, but he submitted that even the antecedent of co-accused Bechan Tanti was not clean. While admitting co-accused Bechan Tanti to the privilege of bail under orders dated 26.7.2007, another Bench of this Court did not consider his antecedent. 2 In the circumstances, order dated 26.7.2007 is not binding on me and I regret not to accept the submission that petitioner’s case is identical to that of co-accused Bechan Tanti. Accordingly, I reject this application with liberty to apply for grant of bail after completing one year in jail custody. Arjun/ (V.N. Sinha, J.)