IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2898 of 2010 1.NAGINA MAHATO son of Mathura Mahato 2.Surendra Mahato son of Mathura Mahato 3.Satan Yadav son of Rama Yadav 4.Parma Yadav son of Rama Yadav All resident of village-Bharwalia, Nuniyar Tola, P.S.-Majhaulia, Dist-West Champaran. Versus STATE OF BIHAR ----------- 2. 27.1.2010. Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in connection with Majhoulia P.S. Case No.311 of 2009 registered for the offence under sections 447, 341, 323, 436, 504/34 of the Indian Penal Code. There is specific allegation of overt act against the petitioners. It has been argued by the learned counsel for the petitioners that in worst case, this case would be of a case for the offence under section 435 of the Indian Penal Code and not under section 436 of the Indian Penal Code. Since the petitioners have come to this court for grant of anticipatory bail, I am of the view that the above point can be raised before the court below at the time of hearing regular bail application. As such, I am not inclined to entertain this anticipatory bail application. Accordingly, prayer for grant of anticipatory bail is rejected. However, if the petitioners surrender before the court below and make a prayer for grant of regular bail, it is expected that the court below will examine the case diary and if he comes to the conclusion that no material has been collected during the 2 investigation against the petitioners then without being prejudiced by the order of this court, he will pass appropriate order on the day of surrender itself. Md.S. ( Rakesh Kumar, J.)