IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2667 of 2009 MAHENDRA YADAV, son of Sri Kailash Yadav, resident of village Bangalwa, p.S.Dharhara, Dist. Munger--------------------petitioner Versus THE STATE OF BIHAR---------------Opp.party with Cr.Misc. No.13009 of 2009 ABBAS MIAN @ MD.ABBAS, son of late Doman Mian resident of village Bangalwa, P.S.Dharhara, Dist. Munger---------------------petitioner Versus THE STATE OF BIHAR----------------Opp.party ----------- 2. 08.05.2009 Heard learned counsel for the petitioners and learned Additional P.P. for the State. The petitioners pray for anticipatory bail in a case under Sections 302/120B of the IPC and Section 27 of the Arms Act. Learned counsel for the petitioner Mahendra Yadav submits that he has been falsely implicated on the ground that there was rivalry between him and the deceased Shankar Yadav for the Secretaryship of the school. Similarly with respect to the petitioner Abbas Mian @ Md.Abbas it is submitted that there was political rivalry between him and the deceased. It is also submitted by learned counsels that against both the petitioners the police submitted final form twice yet cognizance has been taken against them by the Chief Judicial Magistrate. It is submitted that no specific role has been assigned to the 2 petitioners and only on general allegation they have been made accused. Learned counsel for the State, on the other hand, submits that specific statements have been made against these petitioners regarding their enmity with the deceased person and the Chief Judicial Magistrate has on a consideration of the materials in the case diary taken the cognizance. On a consideration of the facts and circumstances of the case, the prayer for anticipatory bail on behalf of both these petitioners is rejected. However, the rejection of their prayer for anticipatory bail shall not prejudice the petitioners if they surrender and pray for regular bail in the court below. (Ramesh Kumar Datta,J.) spal/