IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18559 of 2010 HARI YADAV son of Ramdayal Yadav resident of vill.-Basant Tola, P.S.- Bettiah Town, Distt.-West Champaran-----Petitioner. Versus THE STATE OF BIHAR . ----------- 4. 9.8.2010 Heard Learned counsel for the petitioner and the State. Petitioner is named among five who entered informant’s house, dragged her husband and killed. In course of investigation, accusation was not concluded by the investigating officer. So he submitted final form exonerating this petitioner from any liability. Now at trial witnesses again named this petitioner. Taking that into consideration under section 319 of the Code of Criminal Procedure summons was issued against this petitioner. Material either collected by the investigating officer or appear during trial in the statement of witnesses is available in trial court which is empowered to allow bail to the petitioner, if that (collected material) justifies. Taking that into view petitioner’s prayer for anticipatory bail is rejected. However, he is directed to surrender in the court below and pray for regular bail which shall be decided on its own merit on the same day without being prejudiced by this rejection order including issuance of summons only but copy of the bail petition shall be furnished to the concerned A.P.P. earlier. Sudip ( Mandhata Singh,J )