IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41886 of 2010 SUDISTHA NARAYAN MISHRA & ORS Versus THE STATE OF BIHAR ----------- 2 2-2-2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have prayed for anticipatory bail in a case under section 302 and other sections of the I.P.C. as well as section 27 of the Arms Act. It appears that Dumriaghat P.S .Case No.2 of 2001 was investigated leading to charge-sheet against all the ten named accused persons including these four petitioners and part of the case was committed to the court of sessions but in the mean time on the order of a higher police official further investigation was carried on in which involvement of the petitioners was held to be false and another final report was filed showing the case false against the petitioners. On the prayer made by the concerned A.P.P. the learned Sub-divisional Judicial Magistrate, Sadar Motihari permitted the criminal case against the petitioner to be withdrawn but that order was challenged by the informant through a revision application and was set aside by the sessions court on 4th March,2010. Hence the petitioners 2 apprehend their arrest and have prayed for anticipatory bail. After submission of charge-sheet and cognizance the police adopted an unusual procedure of re-opening the investigation without permission/ direction of the court. Hence the subsequent investigation which is basis for claiming anticipatory bail cannot be safely relied upon. So far as allegations are concerned the petitioners are named in the F.I.R. and considering the nature of the offence, it is not proper to grant anticipatory bail to the petitioners. The prayer is rejected. This order shall not prejudice the case of the petitioners if they surrender and seek regular bail. Naresh ( Shiva Kirti Singh, J.)