IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28980 of 2011 Ratnesh Kumar Bharati @ Ratan Bharati Versus The State Of Bihar ---------- 02 14.09.2011 Heard learned counsel for the petitioner and the State. This is repeat application filed on behalf of the petitioner seeking anticipatory bail in a case instituted under Sections 328/302 of the Penal Code. Earlier the petitioner had approached this Court seeking anticipatory bail in Cr. Misc. no. 1121 of 2009 (Uma Nath Bharti @ Uma Nath Giri & Anr. vrs. State of Bihar) which was considered and disposed of by order dated 02.04.2009 (Annexure-2) whereby petitioners of Cr. Misc. no. 1121 of 2009 were granted the privilege of bail during the pendency of the investigation. On conclusion of investigation charge sheet has been submitted against the petitioner and others. Learned counsel for the petitioner submits that another co- accused, similarly placed , namely, Uma Nath Bharti @ Uma Nath Giri has subsequently again approached this Court in Cr. Misc. no. 19566 of 2009 which was considered and he was privileged with bail. Copy of the order dated 28.08.2009 passed in Cr. Misc. no. 19566 of 2009 has been handed in by learned counsel for the petitioner which is kept on record marked ‘X’. Having heard the parties, this Court disposes of this application by the following order:- Let petitioner surrender and apply for bail before the Court below whereafter the Court below shall consider all relevant 2 aspect of the matter including the order dated 28.08.2009 passed in Cr. Misc. no. 19566 of 2009 and dispose of the same in accordance with law. Sym ( Kishore K. Mandal, J.)