IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6730 of 2009 1. DHARMENDRA YADAV, son of late Sudama Yadav, resident of village- Husenabad, P.S.-Obra, District-Aurangabad 2. Birendra Yadav, son of Satya Narain Yadav, resident of village-Fesar, P.S.Jamhar, District-Aurangabad --------------------------------Petitioners. Versus STATE OF BIHAR ----------- 3. 27.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that there is no evidence at all against the petitioners save and except confession of the co-accused in which though they have been shown assailants of the deceased but that cannot be accepted. No doubt there is confession of the co-accused before the police which is not acceptable as evidence but the same can be taken as guideline for the investigation which is continuing up-til-now. The nature of offence is heinous and probability of appearing some evidence is there. So, the prayer for anticipatory bail of the petitioners at the moment is rejected. However, petitioners may surrender and pray for regular bail in the court below where the point raised by them shall be taken into consideration without being prejudiced by the rejection of the anticipatory bail. Sudip ( Mandhata Singh, J )