IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6457 of 2010 MD.MAKKO SON OF MD. MONAF, AGED ABOUT 50 YEARS, RESIDENT OF CHANDA, P.S. PURAINI, IN THE DISTRICT MADHEPURA, BIHAR.--- PETITIONER. Versus STATE OG BIHAR THRU.D.G.P., GOVERNMENT OF BIHAR, PATNA. ----- OPP. PARTY. ----------- For the petitioner : M/S Awhwani kumar Singh, Sr. Adv. With Gajendra Pratap Singh, Advocate. For the State : Mr. Pramod Kr. Pandey, A.P.P. ------ 3/ 03.05.2010 Heard the parties. In a criminal prosecution for offence under section 302/34 of the Indian Penal Code as also under section 27 of the Arms Act, the petitioner is named in the F.I.R. as an accused. On the order of co-accused Md. Yakub the petitioner along with two other accused persons are alleged to have fired, as a result of which deceased died on the spot. It is submitted by learned counsel for the petitioner that the deceased was a veteran criminal and he was a member of a criminal gang and he might have been killed by some other persons, and because of the land dispute the petitioner has been falsely implicated in the present case. Be that as it may, in view of the serious nature of allegation and in view of that fact that there is direct allegation of firing against the petitioner, besides others, resulting into death of the deceased, this Court is not persuaded to accede to the prayer made on behalf of the - 2 - petitioner for grant of anticipatory bail, which is accordingly rejected. The petitioner must surrender in the court below in connection with Puraini P.S. Case No. 38 of 2009, pending in the court of C.J.M., Madhepura, within a period of four weeks from today and , if so advised, seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J ) BTiwary/