IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5524 of 2010 PRADEEP RAWAT S/o Bharat Rawat Versus THE STATE OF BIHAR ----------- 4/ 03.05.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 461, 379/411 of the Indian Penal Code. The informant, who happened to be the Headmaster of Middle School, Sewa lodged a report regarding theft of Generator set and Computer from the school building. The petitioner submits that on the confession of Dharmendra Rawat a generator set was recovered from the house of Mahendra Rawat and the latter had been allowed anticipatory bail by learned Sessions Judge, Jamui in A.B.P. No. 540 of 2009. Learned counsel further submits that even Dharmendra Rawat, who made confessional statement, has been allowed regular bail. Learned counsel submits that his case is on similar footing as that of Mahendra Rawat, who has been allowed anticipatory bail by Sessions Court. He further submits that in fact the Computer set, which were recovered from his possession did not tally with the details of stolen articles mentioned by the informant earlier. Learned counsel for the State submits that the case of Mahendra Rawat, who has been allowed anticipatory bail, is different than that of the petitioner. Dharmendra Rawat in his confessional statement clearly stated that the aforesaid articles were given by this petitioner, which he kept at the house of his uncle Mahendra Rawat. It - 2 - further appears that the informant issued correction letter, in which the details of the computer set has been given, which tallied with the computer set parts recovered from the house of the petitioner. In this view of the above materials coming in the diary, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, if he surrenders before the court below (Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. case no. 76 of 2009) within six weeks from today and seeks regular bail, the same would be disposed of on its own merit without being prejudiced by this order. Uday/ (Samarendra Pratap Singh, J.)