IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35704 of 2011 Manoj Kumar Pipul son of Rameshwar Prasad, resident of Mohalla- Kailashpuri, Lalgarh Sadan Ward No. 1, P.O.-Dumra, P.S.-Dumra, District-Sitamarhi. ........Petitioner Versus The State Of Bihar. ......Opposite Party ----------- 02 14.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under sections 406, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code, is one of the named accused in this nine years old case, earlier petitioner’s similar prayer was dismissed as withdrawn vide order dated 25.04.2002 passed in Criminal Miscellaneous No. 7130 of 2002. The second attempt made for similar prayer was turned down vide order dated 19.02.2003 passed in Criminal Miscellaneous No. 4622 of 2003 with a clear advise “The petitioner who surrender before the learned court below and pray for regular bail which will be disposed of on its own merit without being prejudiced by this order” but the petitioner remain silent for several years in order to explain and justify non-observation of earlier direction of this Court. It is submitted that soon after order of this Court, superior investigating authority stayed arrest of all the accused persons including the petitioner and such order was operative till recent past and when the authorities without any additional materials started taking a steps to apprehend, petitioner has come forward with a prayer. 2 Taking into consideration the lapses on the part of the petitioner he appears not entitled for the privilege sought. Accordingly, prayer for anticipatory bail of the above named petitioner in connection with Laheriasarai P.S. Case No. 244 of 2001 pending in the court of Chief Judicial Magistrate, Darbhanga, is hereby refused. It is made clear that in the event of surrender of the petitioner within a fortnight seeking regular bail, court below shall consider the above made submissions regarding stay of arrest by superior authorities and recent revocation without any material and pass appropriate order in accordance with law. Safik (Akhilesh Chandra, J.)