IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6526 of 2010 CHANDRA DEO SINGH, Son of late Bipin Bihari Singh, resident of Sirisian, P.S. Barhara, District Bhojpur. Versus STATE OF BIHAR ----------- 2 4/3/2010 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner faces prosecution for the offence under sections 307 and other allied sections of the Indian Penal Code and the fact that has his sole defence that the present case is a false case and the true version has been given only in the counter case filed by the petitioner and his associates, by itself would be good enough to refuse privilege of anticipatory bail inasmuch as once there is case and counter case, the occurrence in question and presence and participation of the petitioner becomes quite possible, if not fully admitted. Submission of learned counsel for the petitioner that the Superintendent of Police in course of supervision had found the offence under sections 307 and 379 of the I.P.C. to be not made out, would still make the petitioner liable to surrender and seek regular bail especially when it is not claimed that any one of the counter case has been granted privilege of anticipatory bail. That being so, the prayer for anticipatory bail of the petitioner is hereby rejected. If however the petitioner would 2 surrender and seek regular bail the same would be disposed of on its own merit without being prejudiced by this order. Abhay Kumar ( Mihir Kumar Jha, J.)