IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7397 of 2011 Tanweer Alam, S/o Md. Hussain Master, resident of Village- Amanpur, P.S. Falka, District- Katihar. ………Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 2. 16. 03. 2011. Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Complaint Case No. C.A. 2664/2008, registered for offence under Sections 379, 420 and 384/34 of the Indian Penal Code. The bail petition of the petitioner was earlier rejected by this Court by order dated 12. 10. 2010 in Cr. Misc. No. 35834 of 2010. However, the petitioner has again prayed for bail on the ground that on similarly situated case co-accused Shambhu Sharan Vidyarthi has been granted bail by this Hon'ble Court by order dated 22. 11. 2010 in Cr. Misc. No. 37898 of 2010. However, earlier order of this Court, it was directed that if the petitioner surrenders and file regular bail then that shall be considered on its own merit without being prejudiced by this order. 2 Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. However, if the petitioner surrender and file regular bail petition before the court below then his case may be disposed of in the light of the bail granted to Shambhu Sharan Vidyarthi preferably on the same day. Let order may be communicated to the court below through FAX at the cost of the petitioner. m.p. ( Gopal Prasad, J.)