IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17701 of 2011 Kameshwar Rai.................................................. Petitioner Versus The State Of Bihar.............................................. Opp. Party ----------- For the petitioner :- Mr. Rana Pratap Singh, Sr. Advocate, Mr. Hari Kishore Thakur, Advocate For the State :- Mr. Gopesh Kumar, A.P.P. 2 13-7-2011 Heard the parties. Petitioner’s prayer for anticipatory bail was earlier rejected by this Court on 5-10-1999 when the police case in respect of same offence was under investigation. However, an observation was made that if petitioner surrenders within four weeks, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. The prayer has been renewed now in connection with complaint case no. 2260 of 2001 pending before the learned Magistrate which relates to the concerned occurrence in which after investigation police submitted final report in January, 2000 and after accepting the final report, complaint petition filed by the informant has ultimately resulted in order of cognizance and issuance of process against the petitioner and some others. It has been submitted that even the complaint case was dismissed but because of intervention of the revisional court, cognizance was taken on 23-3-2011. It has further been submitted that according to the police investigation the offence was committed not by the persons alleged but by a mob. Lastly, it was submitted that four other co-accused have been granted anticipatory bail by this Court on 2 19-5-2011. That order has been produced for perusal. Considering the specific allegation against this petitioner that he fired at the deceased which was followed by firing by another accused on the leg of the deceased and considering the reference to medical evidence in the order taking cognizance, the prayer for anticipatory bail is rejected. It goes without saying that if the petitioner surrenders within a reasonable period such as two months or three months, his prayer for regular bail shall be considered on its own merit without being prejudiced by this order. Naresh ( Shiva Kirti Singh, J.)