IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42479 of 2009 ARUN KUMAR AJAY @ ARUN YADAV @ AKSHAYYADAV @ PAPPU Versus STATE OF BIHAR -------- 6. 20.04.2010. Heard learned counsel for the parties. The petitioner apprehends his arrest in a case under sections 149,307,302/34 I.P.C. as well as section 27 of the Arms Act. The informant alleged that accused persons including this petitioner, variously armed, came adamant to break the wall of informant. At the relevant time, petitioner was armed with Khanti. As the informant opposed demolition of his wall, one of the accused persons Rama Kant Akela opened fire killing handicapped daughter of the informant, namely, Sikam Kumar, whereafter Uma Kant Sharma also fired at him which did not hit, whereafter accused persons opened fire. Learned counsel for he petitioner submits that 7 persons witnessed the occurrence. He submits that on 4.6.2008 the court allowed a petition filed by police for further investigation under section 173(8) of the Cr.P.C., where after police report was submitted stating that accusation against petitioner is false. Learned counsel for the State submits that it would appear from the FIR itself that accused persons had come to demolish the wall of informant with intent to finish off any one who obstructed. Furthermore, the petitioner has second time come to this court for same relief, as his first petition was permitted to be withdrawn vide order dated 22.8.2002, passed in Cr.Misc.Number 20396 of 2002. - 2 - It appears the petitioner did not surrender to the process of law after withdrawal of earlier bail petition. Instead, after seven years, he again moved this Court for grant of anticipatory bail on the ground that the police in its further investigation under section 173(8) Cr.P.C. did not find accusation true. The petitioner for seven years avoided process of court, as such, I do not find it a fit case for grant of anticipatory bail. The prayer for bail of the petitioner is refused with observation to surrender and seek regular bail in Rosera Police Station case no. 109 of 1998 dated 21.6.1998 corresponding to GR no. 357/98, which would be disposed of preferably on the same day without prejudice. Shashi. (Samarendra Pratap Singh, J.)