IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23643 of 2011 Abnish Kumar @ Abboo, S/o. Vijay Choudhary, Versus The State Of Bihar ---------------------------------- 02. 11.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with Sangrampur P.S. Case No. 43 of 2010, G.R. Case No. 705 of 2010 for the offences under Sections 341, 323, 504, 302 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Munger. The petitioner is named in this case relating to a dispute arising out of keeping sand. There is allegation against the petitioner of abuse and assault to the informant and when informant and his father tried to leave the place, petitioner and one Vijay Chaudhary caught hold him and subsequently thereafter at the dictates of Vijay Chaudhary another accused Rajnish Kumar @ Raju shot at the father of the informant who immediately succumbed to the injuries at the spot. Considering the facts and circumstances 2 and participation of petitioner, he is not entitled to the privilege of anticipatory bail. Hence, prayer for anticipatory bail of the petitioner is hereby rejected, in case of surrender before the Court below his prayer for regular bail may be considered on its own merit without being prejudiced of instant refusal. Mkr. (Akhilesh Chandra, J.)