IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24835 OF 2009 1. RAKESH KUMAR, SON OF SURENDER PRASAD 2. OM PRAKESH, SON OF SURENDER PRASAD BOTH RESIDENT OF VILLAGE SHITALPUR, POLICE STATION CHAKIA, DISTRICT EAST CHAMPARAN …………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ************* 2 16/10/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioners are accused in a case under Section 302 and other allied sections of the Indian Penal Code. The allegation is that these petitioners were also responsible for assault causing the death of the deceased. In the case diary, it is mentioned that the petitioners were residing at Muzaffarpur and were not present at the place of occurrence at the relevant time. On the other hand, several witnesses have also stated that the petitioners were very much present at the place of occurrence at the relevant time. Considering the conflicting evidence, it is not a fit case for grant of anticipatory bail. However, the above noted petitioners are directed to surrender before the Court below and pray for grant of regular bail and 2 the Court below will consider the contents of the case diary and dispose of the regular bail application on its own merits. This application for anticipatory bail is dismissed. Anand ( Sheema Ali Khan, J.)