Pankaj Kumar @ Pankaj Sharma And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2676 of 2016 Arising Out of PS.Case No. -10 Year- 2014 Thana -UPHARA District- AURANGABAD ======================================================

1. Pankaj Kumar @ Pankaj Sharma

2. Niraj Kumar @ Niraj Sharma @ Niranjan Kumar @ Niranjan Sharma Both sons of Sri Savindra Sharma residents of village-Mohaddipur, P.S.- Uphara in the district of Aurangabad.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. There is allegation against these petitioners that they along with others opened indiscriminate firing on the deceased but learned counsel appearing for the petitioners submits that having similar allegation co-accused Bicky Sharma @ Vicky Sharma @ Bicky Kuamr @ Bpicky Sharma has already been granted privilege of bail by a Co-ordinate Bench of this Court vide order dated 19.1.2015 passed in Cr. Misc. No.35032 of 2014 and the equity demands that the petitioners should also be released on bail but I am at all convinced with the aforesaid submission because the parity cannot be claimed as a matter of right and, therefore,

Patna High Court Cr.Misc. No.2676 of 2016 (2) dt.29-01-2016 2/2 taking note of the allegation made against the petitioners as well as submissions of the parties, I am not inclined to release the petitioners on bail.

Hence, their prayer for bail in connection with Uphara P.S. Case No.10 of 2014 stands rejected. (Hemant Kumar Srivastava, J) N.H./- U T