IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44389 of 2009 1. AJAY KUMAR @ AJAY YADAV S/O GURKU YADAV R/O VILL DERHGHARA, P.S.RAHUI, DISTT-NALANDA Versus 1. THE STATE OF BIHAR with Cr.Misc. No.45015 of 2009 SUMAN YADAV . Versus STATE OF BIHAR . ----------- 4 23.3.2010 Both these applications arise out of the same P.S.Case number and as such they have been heard together and are being disposed of by this common order. The petitioners apprehend their arrest in a case under sections 302, 201/34 of the Penal Code and section 27 of the Arms Act. The F.IR.has been lodged on the written statement of Chowkidar Vijay Yadav on 5.4.2009 stating therein that he saw a person lying near the Ghoghara Khand having been shot dead. The dead body was later identified as that of one Dharamveer. In course of investigation it transpired that Poonam Devi, the wife of the deceased, had illicit relation with Vickey Counsel for the petitioner submits that their names appeared only on the confessional statement of co-accused Vickey Yadav and that too after seven months of the occurrence in the supplementary case diary. He further submits that the petitioner Suman Yadav had recently passed Secondary School Examination and was studying at Patna and was preparing for Intermediate Examination at the time of occurrence and as such he could not have 2 KHAN participated in the occurrence. Counsel for the State submits that the name of the petitioners figured in the confessional statement of co-accused Vickey Yadav. Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner Ajay Kumar @ Ajay Yadav. His prayer for anticipatory bail is rejected. So far as prayer for anticipatory bail of petitioner Suman Yadav is concerned, this court observes that if he surrender and pray for regular bail, the same would be considered preferably on the same day taking into consideration that at the time of occurrence he was preparing for his Intermediate Examination at Patna as stated in paragraph 13 of the instant application. With the aforesaid observation and direction, the application of petitioner Suman Yadav stands disposed of. (S.P.Singh,J)