IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30921 of 2008 NIRANJAN YADAV @ NIRANJAN KUMAR 'NIRALA' S/O SHIV KUMAR YADAV @ Sukumar Yadav, RESIDENT OF VILLAGE-SATTAR, P.S.- BIHRA, DISTRICT- SAHARSA – PETITIONER Versus STATE OF BIHAR ----------- 2. 16.10.2008 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a Police case under Sections 302/34 of the Penal code. The submission is that the petitioner has not been named by the injured witness in a statement under Section 161 Cr.P.C. Two persons have been fired at, one has been deceased. The petitioner has been named by the injured in a statement under Section 164 Cr.P.C. The mere delay in the statement under Section 164 Cr.P.C. does not persuade this Court to grant the privilege of anticipatory bail. The application is rejected. Any application for regular bail by the petitioner shall be considered by the court below on its own merits including grant of regular bail to the co-accused without being prejudiced by the present order. AKS/ (Navin Sinha, J.)