IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33208 of 2010 SUBODH DAS Versus THE STATE OF BIHAR ----------- 2 04.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Allegedly, the petitioner alongwith other accused gave LATHI blows on informant’s brother who subsequently died in course of his treatment. Learned counsel for petitioner submits that the allegation is omnibus in nature and other accused have already been granted regular bail but I am not at all convinced with the submissions of learned counsel for the petitioner because Annexure-2, photo copy of postmortem report reveals that the deceased sustained fracture injury on his skull. In the aforesaid circumstances, this anticipatory bail petition stands rejected. However, if the prayer for regular bail of the petitioner is placed before learned sessions judge, in that event , the learned sessions judge shall consider the regular bail of the petitioner on its own merit without being prejudiced by this rejection order but before receipt of the said application petitioner must surrender before the concerned court, Chief Judicial Magistrate, Bhagalpur. AKV/- ( Hemant Kumar Srivastava,J.)