IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3670 of 2009 BHOLA PRASAD Versus THE STATE OF BIHAR ----------- 2/ 28/05/2009 Only for the reason that the petitioner himself insisted before the court below for disposal of the anticipatory bail application without the case diary, this court is not persuaded to entertain this application for anticipatory bail at this stage. The application is disposed with the observation that if the petitioner files an affidavit before the court below within four weeks, the court below shall proceed to re-hear his application for anticipatory bail and decide the matter afresh by a reasoned and speaking order after considering the nature of the materials in the case diary. If the petitioner does not file any affidavit as aforesaid within four weeks he has himself to blame for being an absconder. Let the order be communicated through FAX to the court of Chief Judicial Magistrate, Gaya in Gaya Civil Lines P.S. Case No.111/05. KC ( Navin Sinha, J.)