IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2607 of 2009 MANOJ SINGH,son of Shri Chandradev Singh, resident of village Chanda, P.S Sirahata, District- Bhojpur at present residing at New Bahadurpur, P.H.E.D. Colony Quarter No.22, P.S. Sultanganj. Versus STATE OF BIHAR ----------- 2. 8.5.2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. Learned counsel for the petitioner submits that the motorcycle in question has not been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case by the police. Earlier with respect to theft of the said motor-cycle he was taken into custody and ultimately acquitted. Learned counsel for the State, on the other hand, points out that his prayer for anticipatory bail has been rejected by the learned Sessions Judge on the ground that the stolen motorcycle has been recovered at the instance of the petitioner and he has also criminal antecedent. It is stated by learned counsel for the petitioner that the petitioner was made an accused in Pirbahore P.S. Case No.149/04 with respect to theft of the said motorcycle, in which he has already been acquitted. On a consideration of the facts and circumstances of the case the prayer for anticipatory bail of the petitioner is rejected. However, if the petitioner surrenders and prays for bail, then his case should be considered on its own merit without being prejudiced by this order of rejection of his prayer for anticipatory bail . VPS ( Ramesh Kumar Datta,J.)