IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45400 of 2009 BISHWAJEET RAI @ BISHWAJEET Versus STATE OF BIHAR ----------- 3 2.4.2010 Heard Mr. Syed M. Ashraf, learned counsel appearing for the petitioner and learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Sonepur P.S. case No. 110 of 2006 dated 17.5.2006 registered under sections 147, 148, 149, 442, 353, 332, 333, 307, 380, 427 and 506 of the Indian Penal Code and 27 of the Arms Act. According to the prosecution case a mob consisting of 14 named accused persons and 300-400 unnamed accused persons allegedly attacked a police out post and looted Govt. properties. Some police personnel are also said to have sustained injuries. Petitioner is one among the named accused persons in the FIR. Learned counsel for the petitioner submits that no specific role has been assigned to the petitioner for commission of the crime in question. He high lighted the fact that co-accused Hari Narayan Yadav @ Sadhu Yadav has been extended the privilege of anticipatory bail by order dated 13.2.2008 passed in Cr. Misc. No. 48057 of 2007 by a Bench of this Court primarily on the ground of plea of alibi. Learned counsel for the State has opposed the prayer for anticipatory bail and he high lighted that the case is of the year 2006 and the petitioner has been absconding since long. In the aforesaid back ground and in view of the fact that petitioner is said to have attacked a police out post, this court is not inclined to accede to the prayer made on behalf of the - 2 - petitioner for grant of anticipatory bail. It is accordingly dismissed. The petitioner must surrender within the period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, then the same may be disposed of on its own merit without being prejudiced by this order. While disposing of the prayer for bail, the court below shall also take into consideration that some other co-accused persons have been granted regular bail. (Birendra Prasad Verma, J) M.Rahman