IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14343 of 2009 ANIL KUMAR CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 15.4.2009 The petitioner has again filed this application for anticipatory bail after his previous application for anticipatory bail, being Cr. Misc. No.7940 of 2008, was rejected by order dated 12.5.2008 of this Court. Learned counsel for the petitioner submits that on the earlier occasion the fact that there was a case and counter case between the two sides with respect to the same occurrence was not placed before this Court. It is further submitted that in both the case and counter case, the charge sheet has been submitted, but so far as the petitioner ( Anil Kumar Choudhary) is concerned, there is no charge-sheet under the Arms Act and the allegation against the petitioner regarding waving his pistol has not been found to be true in the course of investigation. It is further submitted that both the parties have entered into a compromise and compromise petitions have been filed in both the cases praying that the accused persons may be discharged from the criminal liabilities. On a consideration of the facts and circumstances of the case, this Court does not find any fresh materials for reconsidering the case of the petitioner for anticipatory bail, which has already been rejected earlier. The application is accordingly rejected. However, in view of the facts stated above, specially the compromise entered into between the parties, if the petitioner surrenders before the Court below and prays for bail, the same should be considered 2 by the Court below in the light of the developments that have taken place without being prejudiced by the rejection of the anticipatory bail application by the previous order dated 12.5.2008 or by this order. VPS ( Ramesh Kumar Datta,J.)