IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44693 of 2009 1. NAVIN BHAGAT,s/o Umakant Bhagat 2. Anil Bhagat,s/o Umakant Bhagat 3. Dinesh Yadav,s/o Kailash Yadav All resident of village-Bahorba,P.S.- Beldaur,District-Khagaria. Versus THE STATE OF BIHAR ----------- 03/ 01-04-2010 Heard Mr. Ranjeet Kumar Singh-2, learned counsel appearing for the petitioners and Sri Dashrath Mehta, learned Additional Public Prosecutor appearing for the State. Petitioners apprehend their arrest in connection with Beldaur P.S.Case No.67/2009 dated 12-08-2009, registered for the offences under Sections 342/364/34 of the Indian Penal Code. According to the prosecution case, one Krishna Kumar alias Guddu Yadav, son of the informant was abducted by the accused persons for the purpose of killing. All three petitioners are specifically named in the FIR as accused. During the course of investigation the victim person Krishna Kumar alias Guddu Yadav succeeded in fleeing away from the clutches of the accused persons. His statement was recorded under Section 164 Cr.P.C. as well as under Section 161 Cr.P.C. The statement of the victim under Section 164 Cr.P.C. has been incorporated in paragraph-38 of the case diary. Learned counsel for the petitioners submits that the victim is a veteran criminal and he is accused in several other criminal cases. Petitioner no.1, being a Journalist, had written against the victim in his news column, therefore, he and his supporters have been arrayed in the category of accused. 2 Learned counsel for the State has strongly opposed the prayer for anticipatory bail, and has pointed out that the victim has specifically named the petitioners in his statement under Section 164 Cr.P.C. as culprits, and therefore, they do not deserve the privilege of anticipatory bail. In view of the fact that the petitioners have been named in the FIR as accused and they have also been named as culprits in the statement of the victim recorded under Section 164 Cr.P.C., their prayer for anticipatory bail is dismissed. They must surrender in the court below within four weeks from today and seek regular bail. If such a prayer is made, the same may be disposed of on its own merit without being prejudiced by this order. AH/ ( Birendra Prasad Verma, J.)