IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11099 of 2009 SUMAN KUMAR JHA @ SUMAN JHA, son of Sri Nityanand Jha, Resident of village- Manicauli, P.S.- Singhwara, District- Darbhanga. ------ Petitioner Versus STATE OF BIHAR ------ Opposite Party ----------- 3 1.4.2009 Earlier the petitioner had moved for bail by Criminal Miscellaneous No. 52544 of 2008. The following order was passed in that case on 10.2.2009: “Learned counsel for the petitioner seeks permission to withdraw this bail application. This application is accordingly dismissed as withdrawn.” The second anticipatory bail application has been filed in which it is stated that the bail application was withdrawn earlier as some important facts were not mentioned by the counsel for the petitioner. I find that this is not quite true. Learned counsel refers to a U.D. Case. The photo copy of the U.D. case has been annexed as annexure-2 to the earlier bail application. A stand was also taken in the application that the deceased committed suicide due to depression as some of her ornaments had been 2 stolen. Learned counsel submits that the case diary would reveal that the version given on behalf of the petitioner by his father is correct and is supported by several witnesses in the case diary. In my opinion this anticipatory bail application is not maintainable because these facts and arguments were earlier available to the counsel for the petitioner and he chose to withdraw the bail application. In any event, these facts, if true, may make a good ground for granting regular bail to the petitioner. The anticipatory bail application is dismissed. Sanjay (Sheema Ali Khan, J.)