IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8429 of 2010 MD.BANTI @ BUNTI @ BANTI Versus THE STATE OF BIHAR ----------- 2 16.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Birpur (Balua Bazar) P.S. case No. 95 of 2009 dated 11.10.2009 registered under sections 147, 148, 149, 302,427, 379, 120(B) of the Indian penal Code as also under section 27 of the Arms Act. It is submitted by learned counsel for the petitioner that though he is named in the FIR but specific allegation of killing is against co-accused Md. Kaishar Ali and subsequently co-accused Shah Raja is also alleged to have fired upon him as a result of which deceased died on the spot. It is submitted that the petitioner is not assailant of the deceased and, therefore, he may be extended the privilege of anticipatory bail. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and has submitted that the petitioner is specifically named in the FIR as an accused and was possessing firearms. The occurrence is said to have taken place in the broad day light at about 10.50 A.M. and the petitioner had very strong motive to participate in the crime in question. In the aforesaid back ground the prayer for - 2 - anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed in the court below, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, j) M.Rahman