IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17985 of 2009 MOHAN YADAV SON OF LATE RADHESHYAM YADAV, R/O VILLAGE-DADOPUR,SAMASTIPUR DIYARA,P.S. BACHHAWARA,DISTRICT- BEGUSARAI…… PETITIONER Versus THE STATE OF BIHAR…………………………..OPP. PARTY ----------- 4 08-09-2010 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. Earlier petitioner’s prayer for anticipatory bail was rejected on 19-5-2003 when the police case under section 302/34 I.P.C. and Arms Act was still under investigation. According to the prosecution case the petitioner flashed his torch to identify the deceased and co-accused Kari Yadav shot causing death. Some of the co-accused against whom there is no specific allegation have been allowed bail/ anticipatory bail by the Sessions Court and this Court but the orders passed in their cases do not show that their prayer for anticipatory bail was earlier rejected. They were granted anticipatory bail because there was no specific allegation against them and after submission of final form by the police on the ground of lack of evidence, the case is proceeding on protest-cum- complaint petition. 2 In view of earlier order rejecting petitioner’s prayer for anticipatory bai, his prayer is again rejected. This order shall not prejudice the case of the petitioner if he surrenders and seeks regular bail on the ground that others have been granted anticipatory bail in which allegation of shooting is confined against Kari Yadav. Naresh ( Shiva Kirti Singh, J.)