IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5035 of 2010 SUBHAS MASTER @ SUBHAS CHANDRA SINGH Versus THE STATE OF BIHAR ----------- 02. 18.03.2010 The petitioner apprehends arrest in Bihia P.S. Case No.180 of 1997 under Sections 364 & 302 of the I.P.C. Anticipatory bail prayer of this petitioner was earlier rejected by this Court vide order dated 15.07.1998 as passed under Cr. Misc. No.11854 of 1998 on the ground that in paragraphs- 10, 11 & 12 of the case-dairy the witnesses stated about petitioner’s complicity and those witnesses also gave similar statement under Section 164 Cr.P.C. Learned counsel for the petitioner submits that after conclusion of investigation the Investigation Officer submitted final form against the petitioner stating that there was no witness against the petitioner and that he did not think further investigation necessary and he closed the same and submitted final form. It is also submitted that the learned C.J.M. did not agree with the final form 2 submitted against the petitioner and on consideration of the materials in the case-dairy he found a prima facie case and took cognizance of the offence against the petitioner also. In the bail rejection order of the learned Sessions Judge Bhojpur, Ara has passed recently on 9.12.2009 the materials in paragraphs- 42 & 45 are also discussed indicating petitioners complicity. In the facts and circumstances, I do not find it a fit case for anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected. . Mkr. (C.M. Prasad, J.)