IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41487 of 2008 CHHOTEY LAL YADAV Versus THE STATE OF BIHAR For the Petitioner:- Mr. Ajay Kr. Thakur, Advocate For the State:- Mr. Nirbhay Kr. Singh, A.P.P. ----------- 02 26.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with Darbhanga Town P.S. Case No. 14 of 2008 for the offences punishable under Section 394 of the Indian Penal Code. Learned counsel for the petitioner submits that he has not been named in the First Information Report. His name has been disclosed by one of the co-accused namely Binit Kumar Yadav and thus on the basis of his confessional statement petitioner has been made accused. Learned counsel for the State submits that certain investigation has to be carried out after recording the confessional statement when name of petitioner has come. Therefore, it is not a fit case for grant of anticipatory bail. Having regard to the aforesaid submissions made on behalf of the parties, I am not inclined to grant anticipatory bail to the petitioner namely Chhotey Lal Yadav, in connection with Darbhanga Town P.S. case No. 14 of 2008. Prayer for anticipatory bail of the petitioner is rejected. However, if the petitioner surrenders and seeks regular bail, the court below will - 2 - consider the prayer of bail of the petitioner on its own merit and in accordance with law without being prejudiced by the present order. P.K. (Dr. Ravi Ranjan, J.)