IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51063 of 2008 1. PREM PRAKASH YADAV, son of Late Shyamdeo Yadav 2. Ranjeet Yadav, son of Sidheshwar Yadav Both are residents of village Mouri Bigha, P.S. Paliganj, in the district of Patna Versus STATE OF BIHAR ----------- 04/ 05.05.2009 Petitioner no.2 has already been taken in custody. His application has, therefore, become infructuous. Heard learned counsel for the petitioner no.1 and the State. Petitioner no.1 is apprehending his arrest in connection with a case registered for the offence under Sections 364/302 of the Indian Penal Code on the basis of a complaint. His earlier attempt for grant of bail in the event of arrest was permitted to be withdrawn by this Court under orders dated 22.10.2008, Annexure-1 to this application. The anticipatory bail plea of other co-accused was also permitted to be withdraw or rejected, but subsequently they have been admitted to the privilege of bail in the event of arrest by another Bench as would appear from the orders dated 2.12.2008, 18.11.2008 and 14.1.2009, Annexures-7, 7/A and 8. Counsel submits that the case of the petitioner no.1 is also similar to those, who have been admitted to the privilege of bail in the event of arrest under orders dated 2.12.2008, 18.11.2008 and 14.1.2009, Annexures-7, 7/A and 8. Let petitioner no.1, Prem Prakash Yadav surrender 2 in the court of Sri Onkar Nath Trivedi, Judicial Magistrate 1st Class, Jehanabad in connection with Complaint Case No. 12 of 2005 within four weeks from today and apply for grant of regular bail on the ground that other similarly situate persons have been admitted to the privilege of bail in the event of arrest. Arjun/ ( V.N. Sinha, J.)