IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20521 of 2010 JANKI YADAV & ORS Versus THE STATE OF BIHAR with Cr.Misc. No.20608 of 2010 SRI YADAV & ANR Versus STATE OF BIHAR ----------- 4 28.10.2010 Heard learned counsel for the petitioner as well as learned counsel appearing for the state as also the informant. Cr. Misc. No. 20521 of 2010 filed on behalf of the petitioners, Janki Yadav, Yogendra Yadav and Mithilesh Yadav as well as Cr. Misc. No. 20608 of 2010 filed on behalf of the petitioners, Sri Yadav and Ramchandra Yadav arise out of Bodh Gaya P.S. Case No. 174 of 2008 registered u/S 302/34 of the IPC and 27 of the Arms Act and accordingly, both above-said Cr. Misc. applications are being disposed of by this common order. Admittedly, petitioners are named in the F.I.R. with specific allegation of participation in the murder of informant’s uncle. Though learned counsels appearing for the petitioners tried to convince me by bringing this fact to my notice that after due investigation, police submitted final form in respect of the petitioners and in course of investigation, the plea of alibi of the petitioners was found true not only by 2 the I.O. of the case but also by Dy S.P. and S.P. but I am not at all convinced with the above said submissions because the impugned order as well as case diary reveals that some of the witnesses have claimed to have seen the petitioners participating in the alleged murder and therefore, in my view, it is not a fit case for grant of anticipatory bail. Accordingly, both the above said Cr. Misc. applications stand rejected. However, petitioners are directed to surrender before the Chief Judicial Magistrate, Gaya within 30 days from the date of receipt of this order and if they seek regular bail before the concerned court, the Chief Judicial Magistrate, Gaya shall dispose of the aforesaid regular bail application on the same day and after that if petitioners pray for regular bail before learned sessions judge, in that event the learned sessions judge shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly, keeping in mind the above said submissions advanced on behalf of the petitioners. AKV/- ( Hemant Kumar Srivastava,J.)