Shyam Sundar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48527 of 2018 Arising Out of PS. Case No.-208 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== Shyam Sundar Mukhiya S/o Banarsi Mukhiya, R/o Vill.- Sirsiya, P.S.- Hasanpur, District- Samastipur (Bihar).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-08-2018 Heard Sri Vinay Kumar Mishra, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 31.12.2017 in Hasanpur P.S. Case No.208 of 2017 registered for the offence under Sections 302/34 of the Indian Penal Code and Sections 25(1-B)a/35/27 of the Arms Act, has prayed for grant of bail.

Learned counsel for the petitioner, at the very outset, has drawn my attention to Annexure-2 to the petition i.e. photo copy of the order dated 18.05.2018 passed in Cr.Misc.No.29420 of 2018 and submits that co-accused has already been granted bail and, as such, the petitioner deserves the same relief. However, on going through the F.I.R. it is evident that the petitioner's case is not similar to the case of the co-accused,

Patna High Court Cr.Misc. No.48527 of 2018(2) dt.18-08-2018 2/2 who has been granted bail. In this case, the petitioner is main assailant and he shot dead the husband of the informant. Considering the facts and circumstances, I am not inclined to extend the privilege of bail to the petitioner. The petition stands dismissed.

(Rakesh Kumar, J.) nawalkrs/- U T