IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42365 of 2009 RAJESH YADAV @ RAJESH KR.YADAV Son of Siya Ram Yadav Versus STATE OF BIHAR ----------- 2/ 16.02.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 324, 326, 307, 325, 504 and 302 of the Indian Penal Code. The allegation is that all the 11 accused persons surrounded and assaulted Manikant Pandey, the cousin of the informant, with Lathi, Bhala and bricks. It is further alleged that when his cousin fell down then Suresh Yadav, Naresh Yadav, Rajesh Yadav and Siyaram Yadav again pelted stone chips at victim. Learned counsel submits that some of the accused persons have already been allowed anticipatory bail by the Sessions Judge, Darbhanga. He further submits that Naresh Yadav @ Ram Naresh Yadav and Suresh Yadav have already been allowed regular bail. I find that the Sessions Judge has distinguished the case of other accused persons, while granting anticipatory bail. In the circumstances, I am not inclined to grant anticipatory bail to the petitioner and the same is dismissed. However, petitioner will surrender and seek regular bail before the court below (Chief Judicial Magistrate, Darbhanga in Kamtaul P.S. case no. 132 of 2008) within six weeks of receipt of order there, which would be disposed of preferably on the same day without being prejudiced by this order. Uday/ (Samarendra Pratap Singh, J.)