IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10872 of 2010 1. JAI PRAKASH SINGH,son of late Rajdeo Singh 2. Jwala Singh,son of Jai Prakash Singh 3. Santosh Kumar, son of Jai Prakash Singh All are resident of village-Mathura, P.S.-Bidupur,District-Vaishali at Hazipur. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr. Rashid Izhar,Advocate For the State :Mr. Nasim Yahya,Addl.P.P. ------------ 02/ 21-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Bidupur P.S. Case No.304/2009 dated 12-09-2009, registered under Section 302/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the entire prosecution case is based on suspicion and surmises and even the informant does not claim to be an eye witness. He further submits that during the course of investigation independent witnesses have not supported the prosecution allegation levelled against the petitioners and, therefore, they may be extended the privilege of anticipatory bail. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that they are specifically named in the FIR as accused and they had strong motive to commit the crime in question. Be that as it may, in the facts and circumstances of the case and in view of the nature of the allegation in the FIR, their prayer for anticipatory bail is rejected. 2 The petitioners must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)