IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4052 of 2009 1. KRISHNA SINGH 2. MITHELESH SINGH Versus STATE OF BIHAR ----- 3. 14.09.2009. Heard counsel for the parties. The petitioners have approached this Court seeking protection under section 438 Cr.P.C. in connection with a case registered under sections 302 and 120-B/34 IPC including section 27 of the Arms Act. The occurrence took place sometime in May,2006. petitioners are named in the FIR. Subsequently, part charge- sheet appears to have been submitted in the case. The investigation respecting the petitioners has been kept open as they have evaded arrest. The anticipatory bail application of the petitioners was refused on 01.12.2008. It is contended that except the material that they had earlier threatened the informant and the deceased while exerting pressure on them to withdraw the earlier case, there is nothing on record to implicate them. Learned APP opposed the prayer. It is submitted that petitioners are named in the FIR with certain allegations. Some of the witnesses have supported the prosecution case including the complicity of the petitioners. Having regard to the facts and circumstances of the case, this Court is not inclined to extend them the privilege of 2 anticipatory bail. Their prayer for bail is accordingly rejected. They, however, may apply for regular bail in the court below which shall be considered on its own merit uninfluenced by the present order. hr ( Kishore K. Mandal )