IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8224 of 2008 SURENDRA MANDAL Versus THE STATE OF BIHAR ----------- 3. 13.5.2008. Heard the learned counsel for the petitioner, Surendra Mandal who is one of the named accused of Nirmali P.S. Case No.26 of 2002 registered under Sections 147, 148, 149, 323, 379 and 452 I.P.C. Also heard the learned A.P.P. for the State. It has been submitted on behalf of the petitioner that no overt act has been alleged against him and the main culprit is one Upendra Yadav who was caught at the spot. A copy of the order dated 10.2.2005 passed by this Court in Criminal Misc. No.39816 of 2004 has been shown to me whereby petitioner Chandralal Mandal, has been granted anticipatory bail. In this case which is of the year 2002, the petitioner has come for anticipatory bail after six years which only goes to show that for all these period he had never been arrested nor he had cared to surrender in the court below knowing well that he was one of the named accused in the case. Since there is no real apprehension of arrest of the petitioner in view of what has been stated above, the prayer for anticipatory bail of the petitioner is rejected. If the petitioner surrenders in the court below and his case is found on the same footing as that of Chandralal Mandal, the learned court below pass appropriate orders in accordance with law. P.S. (Abhijit Sinha,J)