IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9547 of 2009 RAJIV KUMAR SINGH @ RAJIV KUMAR son of Anand Kumar Singh, resident of Village Bhasepur P.S.Bajpatti,District Sitamarhi. Versus STATE OF BIHAR ----------- 3 1.4.2009. Heard counsel for the petitioner and the State. Prayer for anticipatory bail on behalf of petitioner was earlier rejected by order dated 3.2.2009 vide Cr.Misc.No.45759 of 2008. At that time petitioner filed his application along with his father Anand Kumar Singh. Counsel for the petitioner submits that the case of Anand Kumar Singh and present petitioner is completely on different footing. Anand Kumar Singh’s case is on similar footing as that of accused Rama Kant Singh whose anticipatory bail application has alreadyu been rejected in Cr.Misc.No.48186 of 2008. So far this petitioner is concerned he was not named in the F.I.R. In the first protest also his name was not mentioned. For the first time after nine months of the occurrence, in the second protest petition his name has been mentioned by the informant. That protest petition was subsequently treated as Complaint case no.C-1/371 of 2005 and cognizance was taken. In the second protest also simply the name of petitioner has been mentioned, but no overt act has been alleged. Petitioner and informant are related to each other. Considering the aforesaid fact second anticipatory bail application of the petitioner is being entertained though in normal circumstances second anticipatory bail application are not 2 maintainable. Considering aforesaid fact prayer for anticipatory bail is allowed. Petitioner namely Rajiv Kumar Singh alias Rajiv Kumar is directed to surrender before the S.D.J.M.Pupari,Sitamarhi within four weeks from today and on his so surrendering he shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M.Pupari, Sitamarhi in connection with Complaint case no.C- 1/371 of 2005 subject to the condition as laid down under Section 438(2) Cr.P.C. Sss/- (Mridula Mishra, J)