IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45206 of 2010 1. KAPILDEO KUMAR 2. YUGALDEO YADAV --- PETITIONERS. Versus THE STATE OF BIHAR . --- OPP. PARTY. ----------- 02 26.03.2011 The two petitioners, who are full brothers, have approached this Court seeking anticipatory bail in connection with a case instituted under diverse Sections of the Penal Code including Section 307 of the Penal Code. As per the prosecution case, allegation of assault has been attributed against the petitioners. It appears a submission was made on behalf of the petitioners that there is counter version also of the present case. Petitioners had moved the Court below for anticipatory bail on the ground that some of the co- accuseds were allowed regular bail. Learned Sessions Judge in the impugned order while rejecting the application observed as under:- “However, their prayer for regular bail shall be considered without being prejudiced by this order and also considering the fact that similar situated co-accused have already been allowed bail by this Court.” In view of the said observation, this Court is not inclined to allow the prayer made in the application. It is, accordingly, rejected. Let petitioners surrender in the Court below and apply for regular bail which shall be considered and disposed of in 2 accordance with law uninfluenced by the present order and keeping in view the observations made by learned Sessions Judge and quoted hereinabove. Sym/ ( Kishore K. Mandal, J.)