IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22261 of 2008 RATAN TIWARI son of Vishwa Jeewan Tiwary, Resident of Kamalua Khajuria, P.S. Malahi, District- East Champaran Versus STATE OF BIHAR ----------- 5 23.10.2008 Heard learned counsels for the petitioner and the state. Petitioner is an accused under sections 386 and 307/34 of the Indian Penal Code. The allegation against the petitioner is to the effect that he along with two other co-accused persons made indiscriminate firing against the police party. It is further alleged that the informant specifically identified this petitioner along with other two accused persons who were making indiscriminate firing upon them while the police party had gone to the village concerned on information that some of the persons are making plan to commit serious crime. Learned counsel for the petitioner submits that the case was registered in the year 2000 and after investigation charge sheet was submitted on 08.08.2006 against two named accused persons who were arrested by the police. It is further submitted that no material against him has been collected during the investigation up-till- now, and as such, he deserves to be granted anticipatory bail. 2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and upon going through the case diary submits besides the informant several other witnesses have supported the allegations made in the first information report. He further submits that the final form/report was submitted by the police (Annexure-3) to the effect that the offence alleged against the petitioner is found true and there are evidences/materials available in support of those offences on the part of the petitioner. Therefore, the petitioner is not entitled to be granted anticipatory bail. Considering the submissions of the parties and the nature of allegation levelled against the petitioner in the first information report as also the materials brought on record, I am not inclined to grant the privilege of anticipatory bail to this petitioner. His prayer for grant of anticipatory bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)