IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33387 of 2009 SAHDEO SAH son of Lat Uttim Lal Sah Versus STATE OF BIHAR ----------- 3/ 05.03.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Section 364 of the Indian Penal Code. The informant alleged that various accused persons numbering about 30 including this petitioner forcefully took away his brother Gulab Chandra Das. Learned counsel submits that petitioner and his entire family have been implicated in this case on account of village politics and past litigation. Learned counsel further submits that the victim all of a sudden himself appeared before the police after 28 days and made his statement before the court under Section 164 of the Cr.P.C. recognizing the accused by their voices, which would be a weak evidence. It appears that one Nand Lal Sah has already been granted regular bail vide Cr. Misc. No. 39862 of 2008 disposed of on 20.10.2008. Having regard to the facts of the case, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, he will surrender and seek regular bail within six weeks from today before the court below (Chief Judicial Magistrate, Supaul in Birpur P.S. case no. 75 of 2008 / G.R. No. 232 of 2008), which would be disposed of preferably on the same day also taking - 2 - into consideration that the co-accused Nand Lal Sah has been allowed regular bail by this Court. Uday/ (Samarendra Pratap Singh, J.)