IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44272 of 2008 MD.EJAZ Versus THE STATE OF BIHAR ----------- 2. 27.11.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner is one of the four named accused apprehending arrest in a Police case under Sections 302/34 of the Penal Code. The allegation against the petitioner is of being present in the room in which the deceased was shot at. Two of the co-accused namely Md Equbal and Md Imtiyaz have been granted regular bail, the latter on the third occasion after approximately one and half years custody. The submission that one of the co-accused has been granted anticipatory bail in Cr. Misc. No. 35173 of 2008 does not impress the Court as the fact of regular bail including on the third occasion to one of them were aspect s not brought to the attention of the Court granting anticipatory bail. Though strenuous reliance has been placed on the order of acquittal of co-accused this Court after going through the judgement refrains from making any observations on the same but is firmly satisfied that it does not persuade this Court to grant the privilege of anticipatory bail on that basis. The application for anticipatory bail is rejected. Any application for regular bail on behalf of the petitioner shall be considered by the court below on its own merit including grant of regular bail to two of the co-accused without being prejudiced by the present order. Snkumar/- (Navin Sinha,J.)