IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17157 of 2009 ABHISHEK KUMAR @ KESHAV @ KESHAV KUMAR Versus THE STATE OF BIHAR & ANR ----------- 02/ 19.05.2009 Heard Sri Indu Bhushan, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case is under Section 395 of the Penal Code. The FIR is against unknown. The name of the petitioner appears in the confessional statement of a co-accused Sonu Kumar. It is indicated by the provisions of Section 41 of the Cr.P.C. that a suspicion could be good ground for affecting the arrest of a person suspected to have committed non- bailable cognizable offence. Any case, like, the present case, there is generally no names in the FIR. The investigation starts on suspicion and the man after being arrested is put on TIP. If anticipatory bail is granted in this case, the very purpose of drafting the provision under Section 438 Cr.P.C. shall be frustrated. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)