IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15548 of 2008 SONI GOPE Versus STATE OF BIHAR ----------- 2 06.5.2008 Heard learned counsel for the petitioner as also the learned A.P.P. for the State. The petitioner is a named accused and is apprehensive of his arrest in relation with Chowk P.S. Case No. 157 of 2002, registered under sections 323, 341 and 307/34 I.P.C. It has been submitted on behalf of the petitioner that he is innocent and has been implicated in this case falsely more so when he had not committed any offence or had committed any overt act. It appears from the perusal of the F.I.R. that the petitioner and co-accused Billa were the order-givers from the order of whom the remaining three accused had resorted to firing. It has also submitted that order giving is not a part of an offence under section 307 I.P.C. and as such he could not be hauled up for the offence under section 307 I.P.C. Be that as it may it appears that the petitioner is an order giver along with Billa and as a result of such order having been given by these two persons the remaining accused resorted to firing upon the informant causing him fire arm injury. Therefore, it cannot be said with certainty that the petitioner was innocent and had no connection with the crime in question. The ground taken by the petitioner for the anticipatory bail - 2 - happen to be a very good ground for regular bail. Accordingly, while rejecting the prayer for anticipatory bail, the petitioner is directed to surrender before the court below within three weeks from today and seek regular bail. Accordingly the prayer for anticipatory bail is rejected. Sanjay/- (Abhijit Sinha, J.)