IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36293 of 2009 1. KESAR YADAV S/O LATE SAHDEO YADAV VILL - KURABA , P.S.- BANKA , DISTT - BANKA 2. YOGENDRA YADAV S/O CHINTU YADAV VILL - KURABA , P.S.- BANKA , DISTT - BANKA 3. HARI NARAIN YADAV @ HIRA MANI YADAV S/O CHINTU YADAV VILL - KURABA , P.S.- BANKA , DISTT - BANKA 4. RANJIT YADAV S/O KESAR YADAV VILL - KURABA , P.S.- BANKA , DISTT - BANKA 5. BINOY YADAV S/O LATE MATAR YADAV VILL - KURABA , P.S.- BANKA , DISTT - BANKA 6. MAHESH YADAV S/O LATE MATAR YADAV VILL - KURABA , P.S.- BANKA , DISTT - BANKA 7. SUREN YADAV S/O LATE MATAR YADAV VILL - KURABA , P.S.- BANKA , DISTT - BANKA Versus 1. THE STATE OF BIHAR ----------- 2/ 09/11/2009 Leave is sought to withdraw the application with regard to petitioners 6 and 7 being infructuous as they are stated to have been arrested in the meantime. The application is dismissed as withdrawn with regard to them. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under Sections- 302, 147, 148 and 149 of Indian Penal Code. The allegations against petitioner No.1 and 2 are direct of having assaulted the deceased with a sharp cutting weapon. Petitioners 3, 4 and 5 are alleged to be members of unlawful assembly some members of which were armed and indulged in indiscriminate assault leading to death. This Court is not persuaded to grant the 2 privilege of anticipatory bail to the petitioners. The application is rejected. Any application for regular bail on behalf of petitioners 3, 4 and 5 shall be considered by the court below on its own merits in light of the submission that they are not named as assailants, without being prejudiced by the present order of rejection. KC ( Navin Sinha, J.)