IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42826 of 2009 UMESH YADAV, Son of Lal Das Yadav, resident of Village Pitaunjhia, Police Station Bhadaur, District Patna. Versus STATE OF BIHAR ----------- 2 16/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 302/34 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Counsel for the petitioner would submit that there is only omnibus allegation against the petitioner and in fact role of main assailant as per prosecution has been assigned to one Feku Yadav. Counsel has also submitted that the persons having similar allegation such as Chandradip Yadav, Daya Nand Yadav and Sarobar Yadav have been released on bail and as such the petitioner who is in custody since 29.10.2009 would also be entitled for grant of bail. This Court has perused the order granting bail to co-accused Bijali yadav and Sarowar Yadav, from which it would appear that they were granted bail on the basis that co-accused Chandradeep Yadav and Dayanand Yadav were already granted bail. Additionally, this Court would also look into the computerized sheet annexed by the office of 2 this Court with regard to reports of petition of bail of other co-accused, from which it would appear that Chandradip Yadav’s bail application was initially rejected on 21.5.2008 and thereafter the same was allowed in the second round by order dated 10.12.2008. Period of custody of co-accused Chandradip Yadav was the basis for releasing him on bail and as such the petitioner cannot claim that his case is based on an identical footing as that of co-accused Chandradip Yadav. In that view of the matter, prayer for bail of the petitioner is rejected for the present. However, he is given liberty to move again this Court after completing nine months of his judicial custody. Abhay Kumar (Mihir Kumar Jha, J.)