JUDGEMENT
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(1.)Leave granted.
(2.)Challenge in this appeal is to the order passed by a Division Bench of
the Patna High Court granting bail to Respondents 2 and 3 who were
convicted for offence punishable under Section 302 of the Indian Penal
Code, 1860 (in short the 'IPC') and under Section 27 of the Arms Act, 1959
(in short the 'Arms Act'). Two other persons namely, Nirmal Singh and
Shiv Janam Singh were also convicted in terms of Section 302 read with
Section 34 IPC. Four other accused persons were acquitted by the Trial
Court. Respondents 2 and 3 filed Criminal Appeal No. 90 of 2004 before
the Patna High Court in which the present appellant, the informant has also
appeared. Though prayers for bail were earlier made during the pendency of
the appeal, they were rejected on 23.3.2004 and 24.8.2006. However, liberty
was granted in the latter case to renew the prayer for bail after six months.
It was again made on 14.3.2007 which has been allowed by the impugned
order.
(3.)According to the appellant, the impugned order of the High Court
shows a total non application of mind. No reason has been indicated as to
why the prayer for bail was accepted after same was rejected on two earlier
occasions, when there was no change in circumstances.
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