IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6791 of 2009 MD.RABOOL MIAN @ RABOOL MIAN @ MD.RABOOL Versus STATE OF BIHAR ----------- 02/ 18.05.2009 Heard Sri Farukh Khan, learned Senior counsel for the petitioner and Sri Dasrath Mehta, APP for the State. The renewal prayer for anticipatory bail has been made after having obtained order of rejection as back as on 4.5.2000 passed in Cr. Misc. No.8809 of 2000. As may appear from the earlier rejection order the allegation against the petitioner is that he was armed with a rifle while others of the assembly fired shots to kill the deceased. The contention is that after passing of the rejection order the S.P., Gaya directed the petitioner not be sent up because he was innocent and he had falsely been implicated. However, the learned Magistrate deferred from the final opinion of the Investigating Officer expressed through Annexure-4 the final report and after perusing the case diary has summoned the petitioner. Learned Additional Public Prosecutor has referred to me paragraphs 4, 5 and 16 to point out that the name of the petitioner appears in the statement of witnesses as one of - 2 - the persons, who came armed with a rifle and surrounded the informant. It is true that there is no act further complained against the petitioner, but his presence at the scène of occurrence with a rifle clearly brings out the case from the discretion of this Court for granting anticipatory bail. The petition is dismissed. However, if the petitioner surrenders and prays for bail the court below specially the learned Sessions Judge shall consider the facts indicates above specially that the petitioner was not sent up for trial. DKS/ (Dharnidhar Jha, J.)