IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34335 of 2010 JOGENDRA YADAV Versus THE STATE OF BIHAR ----------- 02 09.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Admittedly, petitioner was granted privilege of anticipatory bail by this Court vide order dated 21.02.2008 passed in Cr. Misc. No. 56613 of 2007 with direction to him to surrender before the court below within four weeks on receipt of that order but petitioner did not surrender before the learned court below. The contention of learned counsel for the petitioner is that petitioner was suffering from acute tuberculosis and that was the reason he could not surrender before the concerned court within stipulated period. He further submits that petitioner is ready to surrender before the learned court below, if he is permitted to surrender before the concerned court within the period extended by this Court. In my view, it is not a fit case in which the period for surrender can be extended. However, petitioner is directed to surrender before 2 the court below within two weeks from today and seek regular bail and if he does so, the learned court below shall consider the regular bail application of the petitioner on its own merits, particularly, keeping in mind that earlier the petitioner was granted privilege of anticipatory bail by the Court. Accordingly, this miscellaneous case stands disposed of. Let this order be communicated to C.J.M, Gaya in Bodh Gaya P.S. Case No. 131 of 2006 through fax at the cost of the petitioner. Shahzad (Hemant kumar Srivastava, J.)