IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16446 of 2009 KRISHNA CHAUDHARY, son of Sri. Munshi Chaudhary, resident of village-Pawna, Police Station-Pawna in the District of Bhojpur. …..Petitioner Versus The State Of Bihar ……Opposite Party. ----------- 03. 06.07.2009 Petitioner apprehends his arrest in Sandesh(Pawna) P.S. Case No. 22 of 2007 instituted under Sections 364/302/201/34 of the Indian Penal Code. Petitioner had earlier moved for Anticipatory bail before the learned Sessions Judge, Bhojpur at Ara. The said application being Anticipatory bail application No. 807 of 2007 was disposed of finally by order dated 17.09.2007 which order is appended as Annexure-3. Learned Sessions Judge state the arrest of the petitioner till completion of investigation and order taking cognizance. It further observed that in case the Court taking cognizance on the materials available before it desires that the petitioner should surrender and pray for bail, the petitioner would abide by the said order. Soon thereafter on charge-sheet being filed, on 01.10.2007, learned Chief Judicial Magistrate took cognizance of offences as noted above against the petitioner. Now warrant of arrest have been issued for the petitioner - 2 - accordingly. Petitioner apprehending arrest has moved this application for Anticipatory bail before this Court. Mr. A.K. Singh, learned senior counsel appearing on behalf of the petitioner submits that such an application is maintainable in view of the judgment of this Court in the case of Anirudh Prasad @ Sadhu Yadav Versus The State of Bihar since reported in 2006(2) PLJR 676 and in particular paragraph 10 thereof. It is submitted that there were no fresh materials except speculation about petitioner’s possible involvement in the case. In the facts and circumstances stated above, let the petitioner namely Krishna Chaudhary, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Sandesh(Pawna) P.S. Case No. 22 of 2007 subject to the conditions as laid down under Section 438(2) Cr. P.C. Shageer (Navaniti Prasad Singh, J)