Birendra P.D. Verma, J.

1. The primal issue involved in these two cases filed under Section 438. Code of Criminal Procedure is as to whether once an accused surrenders to the jurisdiction of the Court after grant of anticipatory' bail for a limited period, or has been taken into police custody, can invoke the jurisdiction of the Court of Session or the High Court for grant of anticipatory bail for the second time?

2. For the purpose of consideration of the main issue involved in these two cases brief facts are required to be noticed. The Petitioner in Cr. Misc. No. 1257 of 2010 is an accused in connection with Khagaria Rail P.S. Case No. 5 of 2008 dated 21.1.2008 registered under Sections 382, 120-B, 379 and 411 of the Indian Penal Code. Though the Petitioner is not named in the FIR as an accused, but during course of investigation, it transpired that he is involved in sale of stolen railway property. The allegation was denied by the Petitioner and it was claimed that he deals in kabari (scraps). Taking into consideration the aforesaid facts, the learned Sessions Judge, Kahgaria, by his order dated 16.2.2008 passed in A.B. No. 36 of 2008 vide Annexure 2 to the petition, was plea