IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48284 of 2008 1. BIRENDRA YADAV 2. JITENDRA YADAV Versus STATE OF BIHAR ----------- 2. 11.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioners apprehend arrest in a Police case under Sections 302 and other provisions of the Penal Code and Section 27 of the Arms Act. The submission is that the overt act is attributed to another co-accused and not to the petitioners. Land dispute is admitted in the F.I.R. itself. The petitioners are named accused in an F.I.R. lodged in December, 2001 seeking anticipatory bail in 2008. They are alleged to be member of unlawful assembly, some of whom were armed, used the same causing death. This Court is not persuaded to grant the privilege of anticipatory bail. The application is rejected. Any application for regular bail on behalf of the petitioners shall be considered by the court below on its own merits without being prejudiced by the present order. AKS/ (Navin Sinha, J.)