IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27909 of 2010 SHANKAR SAH @ RAM SHANKAR, S/O- BAUDHU SAH, VILL- SAKHMOHAN, P.S.- BIBHUTIPUR, DISTRICT- SAMASTIPUR :----- PETITIONER . Versus THE STATE OF BIHAR :----OPPOSITE PARTY . ----------- 3. 24.08.2010. Heard learned counsel for the petitioner and the State. In view of the grounds taken in the restoration application Cr. Misc. No. 3762 of 2009 is restored to its original file and number. Restoration application is, accordingly, disposed of. Having disposed of the restoration application Cr. Misc. No. 3762 of 2009 is taken up for admission. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 302 of the Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with one Baudhu Sah as suspect. It is submitted on behalf of the petitioner that informant is not the eyewitness of the occurrence and has named the petitioner and one another in the First Information Report only on the basis of previous enmity and suspicion, in the circumstances, petitioner be admitted to the privilege of bail in the event of arrest. I regret not to accept the aforesaid submission. - 2 - Petitioner having been named in the First Information Report along with one another is directed to surrender in the court below in connection with Bibhutipur P.S.Case No. 153 of 2003 and apply for regular bail which should be considered in the light of the evidence collected in the case diary in accordance with law. The application is, accordingly, rejected. P.K.P. (V.N.Sinha,J.)