IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24587 of 2010 MD.QADIR HUSSAIN Versus STATE OF BIHAR ----------- 03/ 26.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner is named in the FIR and the allegation is that he along with co-accused Mukund Singh committed murder of the informant’s father. Learned P.P. refers some paragraphs of the case diary to show complicity of the petitioner in the alleged crime. Apart from this, the learned Sessions Judge has also observed that some witnesses have stated about participation of the petitioner in the alleged crime. Accordingly, prayer for anticipatory bail of petitioner in connection with Korha P.S. Case no. 271/2008 is rejected. Petitioner must surrender before the learned court below within 30 days from the date of communication of the order and if he seeks regular bail, the prayer for bail shall be disposed of by the learned Chief Judicial Magistrate, Katihar on the same day and if thereafter the petitioner prefers regular bail application before the learned Sessions Judge, Katihar then, in that circumstance, the learned Sessions Judge, Katihar shall consider regular bail application of the petitioner on its own merit without being prejudiced by this order. Let this order be communicated to the court of learned C.J.M. Katihar in Korha P.S. Case no. 271/2008 through Fax at the cost of the petitioner. shahid (Hemant Kumar Srivastava,J) - 2 -