IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7439 of 2008 BIPIN KUMAR @ BIPIN MAHTO Versus THE STATE OF BIHAR ----------- 2. 1.5.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The allegation in the F.I.R.lodged on 11.6.2005 is that on receipt of secret information regarding keeping of certain abducted persons in the bank of lake situated in Rajgir Hill, two Police Teams were organized and they went to the spot and thereafter, there was an encounter between the police and the criminals at the end of which the miscreants fled away and two persons, namely, Binod Kumar Mathur and Binay Kumar Mathur, who had been abducted 10 days previously, were recovered. Learned counsel for the petitioner submits that the petitioner was also made an accused in Giriak P.S. Case No. 72 of 2005 with respect to the alleged abduction of Binod Kumar Mathur and Binay Kumar Mathur and in the said case he had surrendered on 6.12.2005 in the court below and ultimately granted bail by the learned Sessions Judge, Nalanda. Subsequently, he was remanded in Giriak P.S. Case No. 73 of 2005 also in which he has been granted bail by the High Court. Thus, in the said circumstances the petitioner has remained in jail till 21.5.2007 in connection with the said two cases and since the police was aware of the said fact, the petitioner should have been remanded in the present case also so that practically for the same offence he would not be repeatedly kept behind bars . 2 Though there is some force in the submission of learned counsel for the petitioner, but the present matter relates also to encounter with the police and thus, this Court does not find it a fit case for grant of anticipatory bail to the petitioner and his prayer for anticipatory bail is, accordingly, rejected . However, if the petitioner surrenders before the court below and prays for bail, then the Court below shall consider the same without being prejudiced by the rejection of the prayer for anticipatory bail of the petitioner by this order and decide the mater, keeping in view the fact that the petitioner has already remained behind bars after he surrendered in the earlier case of abduction. VPS (Ramesh Kumar Datta,J.)