IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34022 of 2008 MD.SHABUDDIN Versus STATE OF BIHAR ----------- 3. 10.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 307, 364, 323/34 of the Penal Code. The submission is of false implication in a dispute with regard to Panchayat election when there is no independent witness despite alleged abduction on the main road. The petitioner is stated to be about 20 years of age impleaded along with his father. It is fairly conceded that temporary abduction of the victim stands incorporated during investigation when the victim has been recovered from the house of the petitioner, where he resides with his father. The petitioner is alleged to have been equipped with a fire-arm. There is no allegation of firing. He is said to have acted in tandem with his father, who has about seven cases in his antecedents. The nature of the injuries caused on the victim has also been noticed in the impugned order of rejection from paragraph 46 of the case diary which reflects serious repeated assault. This Court is not persuaded to grant the privilege of anticipatory bail in view of the admitted fact of temporary 2 abduction leading to recovery immediately by the Police even though the injuries do not appear to be of nature of Section 307 of the Penal Code. The application is, therefore, rejected Learned counsel for the petitioner submitted that the rejection of his application for anticipatory bail shall prejudice consideration of his application for regular bail. This Court fails to understand the submission. The considerations for both are entirely different and there can be no mechanical rejection of the latter only for rejection of the former. The position in law in this regard stands well established. Any application for regular bail shall, therefore, be considered appropriately in law in light of the discussions contained as aforesaid without being prejudiced by the present order expeditiously. AKS/ (Navin Sinha, J.)