IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42065 of 2008 1. HARI SHANKAR PRASAD, SON OF SADHU SHARAN PRASAD, 2. SHAMSHUDDIN MIAN, SON OF MUKHTAR MIAN, BOTH RESIDENTS OF VILLAGE-DUDHIAWA, P.S. JOGAPATTI, DISTRICT-WEST CHAMPARAN. -PETITIONERS Versus THE STATE OF BIHAR -OPP.PARTY 2 16.10.2008 A murder has been committed. In respect thereof a first information report has been filed. The first information report makes allegations against certain people named in the first information report. Petitioners are not named. Their names cropped up in course of investigation. In a situation of this nature the right course for the petitioners would have been to surrender and then to apply for regular bail. The petitioners applied for anticipatory bail in view of grant of anticipatory bail to one of the persons who had been named in the first information report. While granting bail to that person this Court, upon scrutinizing the first information report, found that there is no specific allegation against the person concerned. The present petitioners and that person, therefore, stand apart. It may be possible that in course of investigation it has come on record that the petitioners are the persons who are responsible for the death. In those 2 circumstances, comparing the petitioners with that person who obtained anticipatory bail is absolutely not permissible. The application fails and the same is dismissed. While considering the application for bail the court shall not be influenced by any observation as made above. (Barin Ghosh, J.) AAhmad