IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44079 of 2008 NARESH YADAV……..Petitioner Versus STATE OF BIHAR…..Opposite party ----------- 2. 22.10.2008. Sri Nawal Agrawal, learned senior counsel appearing for the petitioner submits that earlier the prayer for anticipatory bail of this petitioner had been rejected by this court vide order dated 5th June 2008 passed in Cr. Misc. No. 21611 of 2008. However, again another anticipatory bail application bearing Cr. Misc. No. 35228 of 2008 was filed by the petitioner which was heard by this court. But inadvertently the matter of rejection of earlier prayer for anticipatory bail was not brought to the notice of this court as a result the petitioner was granted anticipatory bail vide order dated 26.9.2008. The moment he came to know this fact he has filed this modification petition for recall and dismissal of the order dated 26.9.2008. Under the facts and circumstances as well as in the view of the statement made by the learned counsel for the petitioner, this application is allowed. Order dated 26.9.2008 is hereby recalled. Accordingly, the prayer for anticipatory bail stands rejected. If the petitioner has already been released in response to order dated 26.9.2008, court below shall take steps for his arrest with intimation to this court. So far the matter of issue of show-cause notice to the petitioner and the person who sworn the affidavit is concerned, it is submitted by learned counsel for the petitioner that the moment the matter came to the knowledge of the petitioner, he filed this - 2 - modification application and therefore the petitioner and the person who sworn the affidavit should be exempted from any action. In view of the above submission of learned counsel for the petitioner, no action is required to be taken against the petitioner and the person who sworn the affidavit in Cr. Misc. No. 35228 of 2008. Let the order be sent to the court below through fax on the cost of the High Court. kanchan (Ghanshyam Prasad, J.)