IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36800 of 2010 1. DHANANJAY PANDEY, son of Lae Rameshwar Pandey 2. Lalbahadur Pandey, son of Ayodhya Pandey Both resident of village – Marchi, P.S. – Bhagwanpur, District – kaimur at Bhabua. ------ Petitioners. Versus THE STATE OF BIHAR ---- Opposite Party. ------- 02. 09.11.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners are apprehended their arrest in connection with Bhagwanpur P.S. Case No. 78 of 2010 for the offences under Sections 452, 307, 504/34 of the Indian Penal Code. During the course of argument, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no.1 namely, Dhananjay Pandey. Accordingly, this application stands dismissed as withdrawn with respect to petitioner no. 1. So far as petitioner no.2 is concerned, he too named accused in this case carries allegation of house trespass in mid night with an intention to kill. No doubt, he has not fired upon the informant, but, he is alleged - 2 - got hold of informant and other family members. Considering the facts and circumstances of the case, I don’t find it a fit case wherein privilege may be granted. Accordingly, his prayer for anticipatory bail is hereby rejected. In case of surrender of the petitioners, the court below shall consider their prayer for regular bail without being prejudiced of instant order of withdrawal/refusal. Rajeev/ (Akhilesh Chandra, J.)