IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15906 of 2011 UPENDRA YADAV & ORS. Versus THE STATE OF BIHAR ----------- 2/ 11.5.2011 Heard. The apprehension of the petitioners of not being granted anticipatory bail by the court below is on account of earlier refusal by this Court as also their application not being entertained by the Sessions judge. I direct the petitioners to surrender in the court below, i.e., J.M. Ist Class, Supaul in connection with Pipra P.S. Case no. 35 of 2007, who shall consider that the rejection orders, which were earlier passed, were never on merit. This Court was directing the petitioners to approach the court below in the light of submission of final report and recommendation by the I.O. for initiating a proceeding under sections 182/211 IPC by filing appropriate complaint petition against the informant but the C.J.M. was perusing the case diary and summoning the petitioners. That may also not be creating any hurdle in entertaining the prayer for regular bail in the light of the fact that the case was registered under sections 341, 323 and 379/34 IPC and circumstance was that it was not found true. Secondly, the contention was that so as to heightening the allegation, not only the theft of rupees ten thousand was added up as allegation but further allegation, like, putting up pistol on the temple of the informant was levelled. These were the reasons upon which 2 the police was not finding the case true. This court feels that if the present could not be a case fit for granting bail by the Magistrate, then there could be none. The learned Magistrate shall not be prejudiced by any orders of rejection passed in any anticipatory bail petition including those passed by this court and shall proceed to pass an order of bail as and when the petitioners appear with such prayer. This application is disposed of with the aforementioned observation/direction. Let this order be sent to the court concerned mentioned above through Fax at the cost of the petitioners. Anil/ ( Dharnidhar Jha, J.)