IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34295 of 2011 ====================================================== 1. Subh Narayan Rai @ Sbbh Narayan Rai Yadava, son of Baidhanath Rai. 2. Ramtahal Rai @ Ramtahal Yadav, son of Kailash Rai, both resident of Bhaluwaha, Police Station Raxaul (Haraya, O.P) District-East Champaran. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Ramadya Singh, Advocate For the Opposite Party : Mr. D. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 13-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Section 302/149 and some other allied offences under the Indian Penal Code. Learned counsel for the petitioners submits that the prosecution case, as disclosed in the First Information Report, does not seem to be probable or believable. According to him, the prosecution is based on suspicion and surmises. Learned counsel for the State opposes the prayer for anticipatory bail. It has been submitted that petitioners are specifically named in the First Information Report as accused 2 persons and these two petitioners along with others including co- accused Mahendra Rai are said to have killed the deceased. It is further submitted that prayer for anticipatory bail made on behalf of co-accused Mahendra Rai has been rejected by this Court by order dated 19.07.2011 passed in Cr. Misc. No. 21432 of 2011. In the aforesaid facts and circumstances and in view of nature of allegation, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is, accordingly, rejected. The petitioners are hereby directed to surrender in the court below within four weeks from today, in connection with Raxaul Police Station Case No. 48 of 2011 pending in the court of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. Devendra/- (Birendra Prasad Verma, J)