IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36725 of 2008 1.DINESHWAR DUBEY SON OF LATE CHANDRA SHEKHAR DUBEY 2.RAJESH KUMAR TIWARY @ RAJESH TIWARY SON OF BUCHHAN TIWARI BOTH RESIDENT OF VILLAGE MAMRAKHA BHAIYA TOLA,P.S.MARKHA,DISTT.MOTIHARI 3.SHIV KUMAR SHUKLA @ SHEO SHANKAR SHUKLA SON OF BAIJNATH SHUKLA RESIDENT OF VILLAGE MAMRAKHA KHAJURIYA,P.S.MARAHI,DISTRICT MOTIHARI Versus STATE OF BIHAR ----------- 3/ 20.1.2009 Heard learned counsel for the parties. The petitioners apprehend their arrest in Paharpur P.S.Case No. 51 of 2006 which has been registered for offences under Sections 302 and 120(B)/34 of the Indian Penal Code and 27 of the Arms Act. After murder of her husband, the informant has suspected that he might have been killed by his enemies. The petitioners’ name is mentioned as enemies. Submission is that there is no eye witness of the occurrence and there appears no direct evidence against the petitioners. From the supplementary affidavit filed on behalf of the petitioners it appears that petitioner nos. 1 and 2 are at lest accused in two criminal cases whereas petitioner no.3 is accused in at lest three criminal cases from before. Considering the criminal antecedent 2 of the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for anticipatory bail is rejected. However, the petitioners are directed to surrender before the court below and seek regular bail which will be considered on its own merit and the bail application shall be disposed of on the same day without being prejudiced by the fact that their prayer for anticipatory bail has been rejected by this Court. Tahir/- ( Shyam Kishore Sharma, J.)