IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6500 of 2010 Sanjay Yadav @ Bum-Bum Yadav, Son of late Sita Ram Yadav, Resident of Village Dali Bigha, P.S. Belaganj, District Gaya. -------- Petitioner Versus State of Bihar ------ Opp. Party ----------- 2 4.3.2010 Heard Mr. Braj Ballabh Kumar, learned counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for an offence under Sections 302/149 and other allied offences of the Indian Penal Code and Section 27 of the Arms Act, has his defence that as a matter of fact the main allegation of giving fatal firearm injury is on Amrikh Yadav and the petitioner was merely accompanying on a tempo in which the alleged occurrence had taken place. The fact that such an occurrence was found to have taken place and that the petitioner was one of the members of the mob can be gone into at the time of trial for testing the defence that the petitioner had no role to play over there and that he was only traveling in the tempo. Moreover, as there is nothing to show at least in the bail petition 2 with regard to the criminal antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. That being so, the prayer for anticipatory bail of the petitioner, namely, Sanjay Yadav @ Bum-Bum Yadav is hereby rejected but then it is made clear that if the petitioner would surrender and seek regular bail, the same would be disposed of on its own merit without being prejudiced by this order. Rsh (Mihir Kumar Jha, J.)