IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4384 of 2010 1. RAKESH KUMAR SINGH son of Ramadhar Singh 2. Rajnish Kumar Singh, son of Late Ram Pravesh Singh Versus STATE OF BIHAR ----------- 2/ 23.03.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 307 and 379/34 of the Indian Penal Code. Learned counsel for the petitioners submits that it is Manoj Kumar Singh, who instigated the others to kill Ranjeet Kumar Singh. Learned counsel further submits that the petitioners have no concern with the informant’s son. In the First Information Report, it is alleged that the accused persons including petitioner no.1 assaulted the informant’s son with pistol, rod and lathi. Learned counsel further submits that the injury report has been annexed to the case diary and that of P.H.C. Runnisaidpur. It would appear from the impugned order that the injured Ranjeet Singh was referred to S.K.M.C.H., Muzaffarpur and thereafter taken to G. M. Nursing Home, Patna. He further submits that there is a case and counter case. In the counter case, filed by the co-accused, Subodh Kumar Singh was also assaulted by the prosecution side. Having regard to the nature of allegations, I do not find that it is a fit case for grant of anticipatory bail. Their prayer for grant of anticipatory bail is rejected. However, if they surrender before the court below (Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. case no. 123 of 2009) within six weeks from today - 2 - and seek regular bail, which would be disposed of preferably on the same day on its own merit without being prejudiced by this order. Uday/ (Samarendra Pratap Singh, J.)