IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48370 of 2008 SURESH RAI Versus STATE OF BIHAR ----------- 2. 11.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 302, 307 and other provisions of the Penal Code and Section 27 of the Arms Act. The submission is that the petitioner is not the assailant, who is otherwise named. He was only a member of an armed assembly at best causing no injuries. Co-accused similarly situated has been granted anticipatory bail in Cr. Misc. No. 33614 of 2008. The informant is an eye-witness. The petitioner is stated to be an order giver, a member of the assembly which also chased the deceased when one of the assembled members shot him dead. The order of the court below is well considered. This Court was, therefore, not inclined to grant the privilege of anticipatory bail when learned counsel for the petitioner heavily relied upon grant of anticipatory bail to similarly situated co-accused. Only in order to maintain consistency in the order of this Court, let the petitioner abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the 2 satisfaction of C.J.M., Vaishali at Hajipur in Lalganj P.S. case No. 258 of 2000, Tr. No. 2094 of 2008, subject to the conditions laid down under Section 438(2) Cr.P.C. AKS/ (Navin Sinha, J.)