IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37213 of 2010 AMIT KUMAR RAI @ KUNNU Versus STATE OF BIHAR ----------- 02/ 26.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. The perusal of the impugned order shows that the learned Sessions Judge has dismissed anticipatory bail application of the petitioner on the ground of maintainability. It further appears from the impugned order that bailable warrant has already been issued against the petitioner but the learned Sessions Judge has observed that petitioner does not have any apprehension of his arrest. In my view, the aforesaid finding of the learned Sessions Judge is not in accordance with law. Accordingly, this anticipatory bail application is disposed of with direction to the learned Sessions Judge, Gopalganj to hear the prayer for anticipatory bail of petitioner a fresh on merit and pass appropriate order within 30 days from the date of receipt of a copy of this order. In the meantime, no coercive step shall be taken against the petitioner in connection with Complaint Case no.232/2007. Let this order be communicated to the learned Sessions Judge, Gopalganj in Complaint Case no.232/2007 through FAX at the cost of the petitioner. Shahid ( Hemant Kumar Srivastava, J.)