IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27950 of 2009 MANOJ MISHRA, son of Late Gopal Mishra, village Sidhwalia, PO Fakuki, PS Mufassil, District Chapra Versus STATE OF BIHAR ----------- 2. 10.9.2009 Heard counsel for the petitioner and the counsel for the State. The prayer for anticipatory bail of the petitioner on the earlier occasion was rejected, inasmuch as when this Court considering the allegation was not inclined to grant bail after hearing the submissions of the counsel for the petitioner a prayer was made to withdraw that case. It was in that situation that this Court had recorded for withdrawal of the earlier application. Whatever has been placed today in fact also is part of the earlier bail application save and except Annexure 3, a document showing the petitioner to draw his authority from the informant as with regard to looking after the properties. In the opinion of this Court that document which is of course prior to lodging of the F.I.R. would not in any way change the situation, inasmuch as the allegation against the petitioner in the F.I.R. is 2 Surendra/ quite specific that whereas the petitioner was only authorized to look after the properties he had sold large number of his properties valuing more than 25 lacs as is enumerated in the written report filed by the informant. In presence of these direct materials of involvement of the petitioner for offences u/ss 406 and 379 of the Indian Penal Code it cannot be said that he has been falsely implicated so as to be granted anticipatory bail. This Court is satisfied that the petitioner does not deserve anticipatory bail and accordingly, his prayer for anticipatory bail is rejected. Counsel for the petitioner, however, would submit that in case the petitioner would choose to surrender this order of rejection of his anticipatory bail may not prejudice him. It is well settled that the order relating to anticipatory bail would normally never affect or prejudice an accused because the parameters of grant of anticipatory bail and regular bail are on two different footing. (Mihir Kumar Jha,J.) 3