IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9645 of 2010 KRISHNA KUMAR YADAV @ BARKA YADAV Versus STATE OF BIHAR ----------- 03. 24.05.2010. Heard the learned counsel, Sri Sujit Kumar Singh on behalf of the petitioner Krishna Kumar Yadav @ Barka Yadav who is in custody since 02.02.2009 in Rosera P.S. Case No.173 of 2008 under Section 302/34, 120 B of I.P.C and 27 of Arms Act. According to the informant, two unknown persons fired at Vikas as a result of which the said Vikas died. The learned counsel for the petitioner submitted that the petitioner is not named in F.I.R. and only because of confessional statement, he has been remanded in this case and is in jail custody since 02.02.2009. The learned counsel further submitted that in similarly situated case, the co-accused Saroj Kuamr @ Swayambar Yadav has already been granted bail by this Court in Cr. Misc. No.30350 of 2009. On the other hand, the learned A.P.P. objected the prayer for bail and submitted that the case of the co-accused who has been granted bail is distinguishable because in the confessional statement, this petitioner has confessed before the police that he has fired at the deceased. The learned A.P.P. also drew my attention to paragraph 117, 119 and 120 of the case dairy. Form perusal of paragraph 120 of the case diary, it appears that the petitioner has confessed before the police. A journalist has been killed. Therefore, the case of this petitioner is 2 really distinguishable than that of the co-accused Saroj Kumar. From perusal of the antecedent report, it appears that other criminal case is also pending under the Arms Act against this petitioner. Considering the above facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail is rejected. Sanjeev/- (Mungeshwar Sahoo, J.)