IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17980 of 2011 HARI NARAYAN SINGH @ HARI SINGH Versus THE STATE OF BIHAR ----------- 2. 13.6.2011 Heard. The prayer is for anticipatory bail in a case under Section 302 and various other Sections of the I.P.C. in which the petitioner is named in the F.I.R. as one of the members of the mob. The accused named in the F.I.R. are generally alleged to have chased the deceased, set fire to the vehicle as also further chased the deceased to find him out to fire at him indiscriminately as a result of which the deceased died. As may appear from the rejection order as also from the submission made before this Court, the main plank of submission is the plea of alibi, which has substantially been rejected by the learned Sessions Judge while rejecting the second prayer for anticipatory bail of the petitioner having earlier rejected the similar prayer in Anticipatory Bail Petition on 654 of 2009. I am not going to express any opinion on the plea as this could be a matter of inquiry during the course of the trial as per rules of evidence as to what could be the effect of the plea and that could be considered only when the evidence in that behalf is received. As regards the prayer for anticipatory bail, I find that some of the similarly situated accused have been admitted to regular bail by a Bench of this Court in a couple of petitions 2 bearing Cr.Misc. No. 5530 of 2011 and Cr. Misc. No. 7858 of 2011. In that view, I direct the petitioner to surrender before the court below and prayer for regular bail. As and when the petitioner surrenders and prays for regular bail, the courts below shall keep in their minds that when the similarly situated accused have been admitted to bail by this Court, all accused standing on same plain must also be granted the prayer by the lower courts. The petition stands disposed of with the above observation. Let this order be communicated to the Chief Judicial Magistrate, Gopalganj, in Gopalganj P.S.Case No. 85 of 2009 through fax at the cost of the petitioner. Kanth ( Dharnidhar Jha, J.)