IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26522 of 2010 LAXMI CHAUDHARY Versus THE STATE OF BIHAR ------- 02. 22.07.2010 Heard learned counsel for the petitioner, Mr. Satya Prakash Sinha. This is an application for restoration of Cr. Misc. No.33422/2009 which was dismissed for non-prosecution vide order dated 17.05.2009. Earlier the said application was also dismissed for the same reasons vide order dated 12th November 2009. Petitioner’s prayer for anticipatory bail as appears have already been refused by learned Sessions Judge, Vaishali at Hajipur, vide order dated 22.06.2009. More than a year have already lapsed, but the petitioner is out of the clutches of police. It goes to show that he has no reasonable apprehension for being arrested which is required for the privilege as contemplated under section 438 of the Criminal Procedure Code. It is submitted that during investigation police has found nothing against the petitioner and account etc. has already been clarified. If the submissions are true, the petitioner may surrender before the court below and seek for regular bail. I do not find any merit in this application for restoration. Accordingly, it is hereby dismissed with observations made above. Rajeev/ (Akhilesh Chandra, J.)