IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9774 of 2009 1. LALAN MANDAL 2. RAJA RAM MANDAL Versus STATE OF BIHAR ----------- 03. 10.09.2009 Heard both sides. Two petitioners have approached this court seeking anticipatory bail in a case instituted under Sections 302/34 of the Penal Code. Allegation against the petitioners in the F.I.R. is that they chased the deceased up to his house and thereafter both of them fired from their respective weapons causing death. The date of occurrence is 2nd March, 2003. Matter remained pending investigation for a long period. Ultimately, it appears that the police submitted final form on 25.06.2003. The investigation report in which the occurrence was found true but the implication of the petitioner in the said occurrence was not found true. The said matter remained pending in the court for one reason or the other for about 4½ years. The court, ultimately, under order dated 26.05.2008, on perusal of the materials available in the case diary, has taken cognizance. The petitioners are thus before this court. Learned counsel appearing on behalf of the state opposed the prayer for anticipatory bail. It is contended that the post mortem report supports the allegations levelled in the F.I.R. The informant of the case has also supported the allegations. 2 In view of the facts emerging from the record, this court is not inclined to extend the privilege of anticipatory bail in favour of the petitioners. Prayer for anticipatory bail made on their behalf is, accordingly, rejected. Let the petitioners surrender before the court below and apply for regular bail which shall be considered on merit with reference to the submissions advanced before this court and also the fact appearing from the record. The court below shall also be uninfluenced by the present order passed by this court in the present proceeding while considering the said application on merit. The application is, accordingly, disposed of. Sym/ (Kishore K. Mandal, J.)