IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45727 of 2008 MD.GUDDU S/O JAINUL, R/O VILL. BAKARPUR, P.S. MUFFASIL, DIST. MUNGER. ------ PETITIONER Versus STATE OF BIHAR ---- OPP. PARTY. ----------- For the petitioner: Mr. Pankaj Kumar Sinha,Advocate. For the State: Mr. Uma Shankar Pd. Singh APP. 05. 27.04.2009 Heard both sides. The sole petitioner seeks anticipatory bail in a case instituted under Sections 302/34 of the Penal Code and Section 27 of the Arms Act. As per allegation, the husband of the informant emerged on the road coming through a hill called ‘Teliya Pahar’. Three persons including the petitioner who were lying in ambush intercepted him, one of the accuseds (not the petitioner) opened fire close to the neck of the husband of the informant, as a result of which, he died instantaneously. Submission before this court is that there is no allegation of firing against the petitioner. It is further submitted that some of the witnesses, in course of investigation, have not supported the complicity of the petitioner. Be that as it may, this court, having regard to the allegations and the facts appearing from the record including the impugned order, is not satisfied that a case for extension of privilege 2 of anticipatory bail is made out. Accordingly, the application seeking anticipatory bail stands rejected. Sym/ (Kishore K. Mandal, J.)