IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43841 of 2010 SUBALAL PRASAD, S/o Shree Deo Narain Prasad, Resident of Village – Zilal Bigha, P.S.- Masaurhi, District-Patna. ................. Petitioner Versus THE STATE OF BIHAR ............................ Opposite Party ----------- 3 26.03.2011 Heard learned counsel for the petitioner and Sri Rajendra Singh Shastri, learned Additional Public Prosecutor. The petitioner, who apprehends his arrest in Fatuha P.S. Case No. 137 of 1998, registered for the offence under Sections 409 & 120(B) of the Indian Penal Code, has prayed for grant of anticipatory bail. Petitioner was one of the named accused in the F.I.R. alongwith other accused persons who were members of Home Guards. It was alleged that ten rifles and cartridges were stolen and sold. Learned counsel for the petitioner submits that on the date of the occurrence the petitioner was already on leave, and as such, there was no question of involvement of the petitioner in the present case. In the present case, F.I.R. was lodged in the year 1998, and petitioner was one of the named accused persons. It further appears that in 2008, anticipatory bail of this petitioner was rejected by learned Sessions Judge, Patna, and thereafter, on 9.12.2010, present petition was filed for grant of anticipatory bail. On the basis of the fact, particularly, the fact that F.I.R. was registered in the year 1998, naming the petitioner as one of the accused, the court is of the opinion that petitioner has got no 2 apprehension for arrest, and as such, no order can be passed in favour of the petitioner. The petition stands dismissed. The petitioner must surrender before the court below within one month from today. Praful ( Rakesh Kumar, J.)