IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46782 of 2008 BRAJ BHUSHAN PRASAD @ BHUSAN PRASAD, SON OF LATE BADRI SAH, RESIDENT OF VILLAGE MAJHARI P.S. MOHANIA, DIST. KAIMUR AT PRESENT RESIDING AT CHHAWNI MOHALLA BHABHUA, P.S.- BHABHUA, DISTRICT- KAIMUR (BHABHUA) Versus STATE OF BIHAR ----------- 2 27.11.2008 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a police case under sections 302/34 of Indian Penal Code and section 27 of Arms Act. The allegations are against four named accused. The petitioner was one of them armed. Three fire arm injury has been found on the deceased. That co-accused may have been acquitted in a trial when the petitioner has been evading the law for nearly three years despite being the main accused, is hardly relevant. This court is not persuaded to grant privilege of anticipatory bail. Any application for regular bail shall be considered on its own merit including acquittal in trial of the co- accused without being prejudiced by the present order. pkj (Navin Sinha, J)