IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10809 of 2010 2 27.4.2010 Bishnu Kumar Sah, son of Late Ram Sunder Sah @ Sunder Sah, resident of village East Brahmpur, Police Station Kamtaul, District Darbhanga ...... Petitioner VERSUS The State of Bihar ...... Opposite Party ------- Heard learned counsel for the petitioner and learned counsel for the State. On behalf of the petitioner it has been submitted that two similarly situated co-accused have been allowed anticipatory bail by learned Sessions Judge vide orders annexed as Annexure-2 series. Those orders show that one co-accused was granted anticipatory bail because in the case diary it had been recorded that on measurement work done by him was found worth more than the money he has received as advance. The other co-accused was granted anticipatory bail because of non- cooperation by the learned Public Prosecutor in producing the case diary. Considering that petitioner’s prayer for anticipatory bail was earlier rejected by the Sessions Judge in 2006, the learned Sessions Judge rightly rejected his second application for anticipatory bail. 2 However, considering the nature of allegations and order granting bail to another co-accused, this application is disposed of with a liberty that if petitioner surrenders within six weeks and prays for bail, in that event his prayer for bail shall be considered expeditiously, preferably on the date of surrender itself and if he satisfies the court that during investigation, work done by him has been found to be worth the money advanced, in that case he shall be allowed bail to the satisfaction of the court below without any delay. (Shiva Kirti Singh,J.) sk