IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42042 OF 2008 SANTOSH MISHRA @ SANTOSH KUMAR MISHRA, SON OF PRABHUNATH MISHRA, RESIDENT OF VILLAGE DARIYAPUR TIWARI TOLA, POLICE STATION SANGRAMPUR, DISTRICT EAST CHAMPARAN VERSUS STATE OF BIHAR ****** 2 16.12.2008 Heard learned Counsel for the petitioners and learned Counsel for the State. The petitioner apprehends arrest in a police case under Sections 399 and 402 of the Indian Penal Code and 25(1-B)A/26/35 of the Arms Act. The submission is that he was not apprehended on the spot. There is only confession of co-accused. Co-accused Tribhuwan Singh has been granted anticipatory bail in Criminal Misc. No. 13339 of 2008. Two persons were apprehended. Fire arms and cartridges were recovered from them. In the same transaction, the petitioner is alleged to have fled away when co-accused apprehended named him on the spot. What may be a very good ground for regular bail, does not persuade this Court to grant the privilege of anticipatory bail. The application is rejected. Any application for regular bail filed 2 before the Court below on his behalf shall be considered on its own merits without being prejudiced by the present order. Anand ( Navin Sinha, J. )