IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6761 of 2008 BHUTELI MAHTO Versus THE STATE OF BIHAR ----------- 4 03.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 380, 457 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner has been made accused on the basis of the confessional statement of the co-accused. It is further submitted that there is no material against him. Learned Addl.P.P., on the other hand, submits that in this case charge sheet has been submitted against the co- accused, however he was allowed regular bail as taken notice by the Sessions Judge. Considering the above, I am not inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for grant of anticipatory bail is, accordingly, rejected. It is, however, made clear that in case the petitioner on surrender makes an application for grant of bail before the Court below, the same shall be considered on its own merit without being prejudiced by the present order. Manish/- ( Shailesh Kumar Sinha,J.)