IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25284 of 2008 YOGENDRA YADAV Versus STATE OF BIHAR ----------- 3. 08.09.2008 Heard the counsel for the petitioner and the State. The offence alleged is u/S 302/34 of the Indian Penal Code . Petitioner is named in the F.I.R. It is submitted that the petitioner who is a constable, was on duty at Katihar on the relevant date, as such, his presence at the place of occurrence in the district of Munger is not possible. Without going into merit of the case, prayer on behalf of the petitioner, Yogendra Yadav for grant of anticipatory bail is rejected on the ground that he has already been declared absconder. However, in case the petitioner surrenders and moves for grant of regular bail that should be considered on its own merit. AKV/ (Mridula Mishra,J.)