IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24071 of 2011 ====================================================== Deepak Pandey son of Sri Ravindra Pandey, resident of village- Bhakura, P.S. Tarari, District- Bhojpur (Ara) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s. S. K. Bhatnagar and Vijay Kumar Sinha, Advocates. For the Opposite Party/s : Mr. Jagdhar Prasad, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 4 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. as an accused and entire prosecution case against the petitioner is based on suspicion and surmises. It is also highlighted that some of the co-accused have been granted regular bail by a Bench of this Court. Learned Additional Public Prosecutor, appearing on behalf of the State, has opposed the prayer for anticipatory bail. It is submitted that according to the prosecution case, the F.I.R. named accused persons had hired two other persons for killing the deceased. During the course of investigation the petitioner has been identified as one of the assailants of the deceased and, therefore, according to him, the petitioner does not deserve the privilege of anticipatory bail. Patna High Court Cr.Misc. No.24071 of 2011 (4) dt.15-10-2011 2 / 2 2 Having heard the parties and in view of nature of allegation, particularly in view of the fact that the petitioner has been identified as one of the assailants of the deceased, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, rejected. The petitioner must surrender in the court below within a period of four weeks from today in connection with Sikrahta P.S. Case No. 40 of 2009, G.R. No. 2262 of 2009, pending in the court of the learned Chief Judicial Magistrate, Bhojpur, Ara and, if so advised, seek regular bail, which shall be considered on its own merit, without being prejudiced by the present order B Tiwary/- (Birendra Prasad Verma, J)