IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3465 of 2009 Ravi Yadav, son of Jullo Yadav, resident of village- Shankarpur, Police Station- Muffasil, District- Munger. ..... Petitioner. Versus The State of Bihar: ... Opposite Party. ----------- 02- 30.1.2009 Heard Mr. Ambika Bhagat for the petitioner. None appears on behalf of the State of Bihar. This is the petitioner’s second attempt for grant of regular bail in Munger Muffasil P.S. Case No.245 of 2007, wherein allegations have been levelled against him and others under sections 147, 148, 149, 342 and 302 of the IPC, as well as Section 27 of the Arms Act. The petitioner is an accused in the said Munger Muffasil P.S. Case No.245 of 2007 for the murder of Deo Nandan Prasad Yadav. It is alleged in the F.I.R. that ten persons including the petitioner sprayed bullets on him resulting in his instantaneous death. The petitioner had earlier preferred Cr. Misc. No.33682 of 2008 (Ravi Yadav Vs. The State of Bihar) and his prayer for regular bail was rejected on 25.8.2008 (Annexure-1). It was, inter alia, stated on behalf of the petitioner that similarly circumstances co-accused has been 2 granted bail by this Court by order dated 19.8.2008, passed in Cr. Misc. No.22457 of 2008 (Bambam Yadav Vs. the State of Bihar). 2. Learned counsel for the petitioner today submits that Ajit Yadav and Ranjit Yadav, similarly circumstanced co-accused persons have been granted bail by this Court by order dated 25.9.2008 (Annexure-5), in Cr.Misc. No.31004 of 2008 (Ajit Yadav and Another Vs. State of Bihar). It appears to me on a perusal of the order that they were granted bail in view of the submission that they are not alleged to be assailants. The position in the present case is quite different. The petitioner has been described as an assailant. I am, therefore, not inclined to release him on bail. This application is rejected. (S K Katriar, J.) S.K.Pathak