IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2414 of 2010 SONU RAI s/o Shri Niwas Rai, resident of village- Samardiha, P.S.- Sasaram, District- Rohtas…. Petitioner. Versus THE STATE OF BIHAR ----------- 2. 26.02.2010 Heard Mr. Awadhesh Kumar Mishra, counsel for the petitioner and counsel for the State. Counsel for the petitioner while pressing this application for anticipatory bail of the petitioner who is accused in relation to an offence under Section 302 and other allied section of Indian Penal Code, section 27 of the Arms Act as also section 3/4 of S/C/S/T Act submits that barring the fact that the petitioner has been named as member of unlawful assembly which had allegedly done the wife of the informant to death there is no whisper of any overtact against him. He further submits that the petitioner has got no criminal antecedent and as such he deserves anticipatory bail. This court on perusal of the record would however find that co-accused Lokesh @ Mukesh having identical allegation has been granted only regular bail by this Court vide order dated 3.12.2009 in Cr. Misc. No. 43327 of 2009. 2 Thus, for maintaining consistency, this Court would also direct the petitioner to surrender and in the event, he does so, the court below will dispose of the prayer for regular bail of the petitioner by taking into account that co-accused Lokesh @ Mukesh having identical allegation has already been granted regular bail. With the aforementioned observation, this application is dismissed. kanchan (Mihir Kumar Jha, J.)