IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43794 of 2008 1. SANJAY SINGH son of Nageshwar Singh 2. Nageshwar Singh son of Ganga Dayal Singh, both resident of village Kusumah, P.S.- Udwantnagar, District- Bhojpur. Versus STATE OF BIHAR ----------- 3 26.03.2009 Mr. Vivekanand Singh, learned counsel appearing for the petitioner submits that during the pendency of this application the petitioner no.2 namely, Nageshwar Singh has been arrested, and as such, this application has become infructuous against him. Accordingly, this application is dismissed as infructuous as against the above named petitioner no.2. Heard learned counsel for the petitioner and the State. The offence alleged is under section 307/34 of the Indian Penal Code. Besides the allegation against the petitioner no.2, the petitioner no.1 Sanjay Singh is alleged to have given several Farsa blow to the informant with intention to kill. Learned Addl. P.P. appearing for the State opposes the prayer for bail submits that the allegation against the petitioner no.1 is serious in nature, and as such, he is not entitled to be granted anticipatory bail. Considering the facts and circumstances of the case, I am not inclined to grant the privilege of - 2 - anticipatory bail to the petitioner no.1. His prayer for grant of anticipatory bail is, accordingly, rejected. However, if the petitioner on surrender makes an application for regular bail, the same shall be considered on its own merit in accordance with law without being prejudiced by the present order. Manish/- ( Shailesh Kumar Sinha,J.)