IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1306 of 2010 Mithilesh Mahto, son of Dharmnath Mahto, resident of Village- Sikti Bhikhan, P.S. Mashrakh, District-Chapra. ……….Petitioner. Versus The State of Bihar …………………………Opposite Party. ----------- 2. 06. 04. 2010. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Mashrakh P.S. Case No. 153/08 dated 25. 10. 2008, registered under Sections 323, 341, 324, 308 and 379/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that, though, there is allegation of assault against him by knife causing injury to the informant, but subsequently the informant has changed his statement during course of the investigation. Further, co-accused Mokhtar Mahto and Dilip Mahto have been extended privilege of anticipatory bail and therefore, the petitioner be also extended privilege of anticipatory bail. Learned counsel for the State has opposed the prayer for grant of anticipatory bail to the petitioner and has pointed out that case of the petitioner is quite distinguishable from the case of co- accused Mokhtar Mahto and Dilip Mahto. The petitioner is said to be assailant of the informant causing injury on vital part of his body. In that view of the matter, prayer for grant of anticipatory bail to the petitioner is rejected. The petitioner must surrender in the court below within a period of four weeks from today, and if so advised, seek regular 2 bail. In case such petition is filed, then the same may be considered on its own merit without being prejudiced by the present order. m.p. ( Birendra Prasad Verma, J.)