IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9489 of 2009 NARESH GOPE@ NARESH KUMAR, SON OF RAM BABU YADAV, MOHALLA NAYA TOLA, P.S. KADAM KUAN, DISTT. PATNA ------- PETITIONER Versus STATE OF BIHAR ----- OPPOSITE PARTY. ----------- 3. 21/5/2009 Heard the counsel for the petitioner and counsel appearing for the State. F.I.R. was instituted in the year 1999 for offences under Section 302 and other Sections of the Indian Penal Code as well as Section 27 of the Arms Act. Petitioner has been named as accused in the F.I.R. It is stated in the anticipatory bail application that in the year 2003, the petitioner had filed anticipatory bail application which was rejected. Thereafter, no steps were taken by the Investigating Officer of the case to apprehend the petitioner and as such he had no apprehension and now again he has filed this anticipatory bail application. Considering the fact that in the year 2003 if the petitioner had apprehension, it means that warrant of arrest must have been issued, I do not find any reason to consider for grant of anticipatory bail to petitioner Naresh Gope @ Naresh Kumar who is an absconder. Hence, this application is dismissed. However, petitioner may move for regular bail which should be considered and decided in accordance with law without being prejudiced by this order. S. Ali (Mridula Mishra, J.)