IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7984 of 2011 KUNDAN KUMAR @ KUNDAN SINGH SON OF ANAND MOHAN SINGH. Versus THE STATE OF BIHAR ----------- 2 19.04.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with Sakra P.S. Case No. 347/09 pending in the court of learned Judicial Magistrate 1st Class, Muzaffarpur registered under Sections 384, 385 and 386 of the Indian Penal Code. It appears that earlier, the petitioner’s anticipatory bail application was dismissed by this Court with a direction to the learned court below to consider the anticipatory bail of the petitioner on the basis of material, available in the case diary. The prayer has been renewed on the ground that the learned Sessions Judge has not considered the materials available in the case diary and has mechanically disposed off the same as there is no substantial material in the case diary against the petitioner. - 2 - This Court is not inclined to interfere, however, let learned court below consider the regular bail of the petitioner keeping in mind that the petitioner was not named in the F.I.R., his name surfaced on the confession of the co-accused and dispose off the regular bail application of the petitioner preferably on the same day if the petitioner surrenders within a period of four weeks without being prejudiced by the order of this Court as this Court has declined to interfere only on the ground that the petitioner earlier moved this Court for anticipatory bail. Though, the earlier anticipatory bail was not considered on merit, since, the Sessions Judge passed the order without looking into the case diary. With the above observation, this application, is, accordingly, disposed off. Amrendra/- (Dinesh Kumar Singh, J.)