IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19749 of 2011 ====================================================== Dinesh Mahto son of Sri Sitaram Mahto, resident of village- Chorsua, P.S. Griyak, District- Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s Ajay Kumar Thakur & Shamaneshwaram, Advocates. For the Opposite Party/s : Mr. Dashrath Mehta, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 4 14-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner being the own brother-in-law (sala) of the deceased, had absolutely no motive to commit the crime in question and the entire prosecution case is based on suspicion and surmises. He further submits that even during the course of investigation, no direct evidence has been collected by the Investigating Officer showing the complicity of the petitioner in the crime in question. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and has submitted that during the course of investigation materials have been collected by the Investigating Officer showing the involvement of the petitioner in the crime in question. Be that as it may, in view of the nature of allegation and in Patna High Court Cr.Misc. No.19749 of 2011 (4) dt.14-10-2011 2 / 2 2 view of the fact that the petitioner happens to be the own brother- in-law (sala) of the deceased and in view of the further facts that prior to murder of the deceased, some quarrel had taken place between the aforesaid two persons, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, rejected. The petitioner is directed to surrender in the court below within a period of four weeks from today in connection with Deepnagar P.S. Case No. 11 of 2011 , pending in the court of learned Chief Judicial Magistrate, Nalanda at Biharsharif and, if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. B Tiwary/- (Birendra Prasad Verma, J)