IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16417 of 2011 Satyendra Mistry, Son of Chhotu Mistry. Resident of Village Tineri, P.S. Masaurhi, District Patna. ---------- Petitioner Versus The State Of Bihar. -------- Opposite Party ----------- For the State :- Mr. Shyam Kr. Singh, Additional Public Prosecutor 03/- 26/08/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest, in connection with Kadirganj P.S. Case No. 11 of 2010 for the offences punishable under Sections 364, 302, 343 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Sub-Divisional Judicial Magistrate, Masaurhi, Patna, is one of the named accused in this case with specific allegation of abducting mother-in-law of the informant with aid of other co- named accused. The dead-body of the victim was recovered in the morning, in spite of search nothing could be done earlier. Submission is that petitioner was performing his duty as SAP Jawan at Jandaha, alibi may be considered at the stage of trial and there appears nothing in the case diary showing the distance etc. of the place of occurrence and the stated place of petitioner claiming alibi. Considering the facts and circumstances and direct evidence, petitioner appears not entitled for the privilege sought. 2 Hence, the prayer for anticipatory bail of the above named petitioner, in connection with Kadirganj P.S. Case No. 11 of 2010, pending in the court of Sub-Divisional Judicial Magistrate, Masaurhi, Patna, is hereby rejected. Praveen/- ( Akhilesh Chandra, J.)