IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3837 of 2010 AJIT YADAV Versus STATE OF BIHAR & ORS ----------- 3 6.4.2010 Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 307 of the Penal Code and sections 25(1-B)A, 26 and 27 of the Arms Act. It is alleged by the informant that when he had gone to the clinic of a Doctor to see an ailing co-villager’s son, he found two persons sitting there from before, and on seeing him, one of them caught his neck and the other opened fire, but fortunately it misfired. The accused persons thereafter began to flee. The informant with the help of some of local people caught the person who was having pistol in his hand, who disclosed his name as Shankar Yadav and from his possession one more country made pistol along with three cartridges were recovered. Further he disclosed the name of his associate as Ajit Yadav (the petitioner). Learned counsel for the petitioner submits that he was not arrested at the spot and his name figured in the confessional statement of co-accused. He further submits that no arm was recovered from his possession. He further submits that the main accused has already been granted bail by the learned court below. Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner Ajit 2 KHAN Yadav. His prayer for anticipatory bail is rejected. However, if he surrenders and prays for regular bail, the same would be disposed of on its own merit, preferably on the same day, and also taking into consideration that the main accused has already been granted regular bail by the trial court. (S.P.Singh,J)