IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8093 of 2009 1. RAJENDRA YADAV,s/o Moji Yadav @ Moni Yadav, 2. Moji Yadav @ Moni Yadav,s/o late Munshi Yadav, Both residents of village-Donihar, P.S.-Katoria, District-Banka. Versus THE STATE OF BIHAR ----------- 03/ 28-04-2009 Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail of petitioner no.2 Moji Yadav @ Moni Yadav as he has been arrested. Permission is granted. This application is dismissed as withdrawn in respect of petitioner no.2. Heard learned counsel for petitioner no.1 and the State. Submission of the learned counsel for the petitioner is that though it is a case of assault and it was registered basing the statement of the victim, who later died and Section 302 of the Indian Penal Code was added. According to the learned counsel, petitioner was only a member of the unlawful assembly, having no allegation of overt act, which can easily distinguish the case of the other co-accused persons, namely Bijal Yadav, Guni Yadav and Tanik Yadav. But I find no distinction. All of them have been alleged for causing assault though that is vague in nature; even then above co-accused persons have been refused regular bail. Accordingly, prayer for anticipatory bail of petitioner no.1 Rajendra Yadav is rejected. AH/ ( Mandhata Singh, J. )