IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11998 of 2009 JAY PRAKASH PASWAN Versus STATE OF BIHAR ----------- 3. 6.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Section 302 and other provisions of the Penal Code and Section 27 of the Arms Act. Reliance is placed on an order of this Court in Cr. Misc. No. 6178 of 2009 granting anticipatory bail to named assailants, Prabhat Paswan and Ajeet Paswan to urge that the petitioner is only an order giver. The allegations are of exhortation by the petitioner whereafter the two named accused have fired. The post mortem report corroborates the allegations of three fire arm injuries on the person of the deceased. This Court finds it difficult to grant anticipatory bail to the petitioner on the facts and circumstances only on the grounds of consistency when the number of fire arm injuries found on the person of the deceased does not appear to have come up for consideration in Cr. Misc. No. 6178 of 2009. The application is rejected. Any application for regular bail on behalf of the petitioner shall be considered on its own merits, the petitioner 2 not stated to be the assailant, the assailant themselves having granted anticipatory bail by this Court, without being prejudiced by the present order. P. Kumar (Navin Sinha, J.)