IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23708 of 2011 1. Gulzar, son of Rajive, resident of Sahmadpur, P.S. – Belaganj, District – Gaya. 2. Sahebjan, son of Ramjani, resident of Sadipur, P.S. – Chandauti, District – Gaya. --------- Petitioners. Versus The State of Bihar -----Opposite Party ***** 03. 24.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Chandauti (Chakand) P.S. Case No. 111/2011 for offences under Sections 302/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Gaya. Both the petitioners are named accused in this case. Submission is that petitioner no. 1 Guljar has already been apprehended. Hence, with regard to him this application has become infructuous. Accordingly, this application stands disposed of as having become infructuous. Another petitioner, Sahebjan arrives at the scene when some exchange of hot words was going on with another co-named accused Jahangir apprehended at the spot. The petitioner and his associates on arrival started hot talks and scuffling with the husband of the informant, and during that course, he was assaulted and stabbed resulting into loss of his life then and there. Submission is of false implication and death due to fall. Considering the facts and circumstances, including post mortem examination report also indicating some injuries sustained by sharp cutting weapons, petitioner appears not entitled for the privilege sought. Accordingly, prayer for anticipatory bail of the petitioner no. 2 namely, Sahebjan, stands refused. Rajeev/- ( Akhilesh Chandra, J.)