IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28274 of 2008 RAMDEO YADAV son of late Garbhu Yadav, resident of Dhamara, P.S.- Mansi, Distt. Khagaria. Versus THE STATE OF BIHAR with Cr.Misc. No.32282 of 2008 MANOJ YADAV son of Ramdeo Yadav, resident of Dhamhara, P.S.-Mansi, Distt.-Khagaria. Versus STATE OF BIHAR ----------- 5. 12.1.2009. Heard learned counsel for the petitioner, informant and the State. These two cases have been heard together and are being disposed of by this order as they have arisen out of one occurrence registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act. Allegation is that at the behest of Ramdeo Yadav the accused persons fired causing death of the informant’s brother Vijay Kumar Yadav. Allegation of firing is against Manoj Yadav and others. Submission is that there was a police encounter in which seven criminals were killed. The deceased of the present case was also killed in that encounter. Later on death of the deceased was fabricated by family members by lodging a false case against the petitioners and others out of them some accused persons either have been granted anticipatory bail or regular bail. It appears from the allegation that the petitioner Ramdeo Yadav is order giver and no overt act has been attributed against him. Considering the facts and circumstances of the case - 2 - petitioner, Ramdeo Yadav is directed to surrender before the C.J.M., Khagaria within three weeks from the date of receipt/production of a copy of this order and in that event he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to his satisfaction in connection with Chautham P.S.Case No.129 of 2007. So far as petitioner Manoj Yadav is concerned he is described as a shooter and is involved in five criminal cases. In the circumstances, I am not inclined to grant him anticipatory bail. Accordingly, his anticipatory bail is rejected. Md.S. (Shyam Kishore Sharma,J.)