IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46600 of 2009 1. VIJAY KUMAR SINGH @ CHHOTU SINGH @ CHHOTA SINGH, son of Sri Ramashish Singh 2. Deepak Kumar Singh @ Deepak Singh,son of Sri Ashwani Kumar Singh Both are resident of village-Parsa, P.S.-Rajnagar,District-Madhubani Versus THE STATE OF BIHAR ----------- 04/ 25-03-2010 Heard learned counsel for the petitioners and the State. Two grounds have been made basis for petitioners’ relief under Section 438 of the Code of Criminal Procedure, first they were not present on the spot while police reached there and second father of petitioner no.1 was allowed bail in which police had gone to arrest his father. As about their presence they have specifically been named to be present on the spot and father of petitioner no.1 was allowed bail in G.R.Case No.816 of 1997 later to the incident disentitles petitioners for bail as they played an active role in escaping the father from the police custody wanted in G.R.Case No.816 of 1997. Accordingly, this petition for anticipatory bail is rejected. However, petitioners are directed to surrender in the court concerned within a petition of two months and pray for regular bail, which shall be decided on its own merit without being prejudiced by this rejection order as well their presence at the spot shall thoroughly be scrutinized and considered. AH/ ( Mandhata Singh, J. )