IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45222 of 2008 RAM NARAYAN YADAV @ DEVENDRA YADAV S/o Late Kanteer Yadav @ Dev Narayan Yadav, resident of village- Kalyanpur, P.S. Bahera, District- Darbhanga.... Petitioner Versus STATE OF BIHAR.................... Opp. Party ----------- 2 11-2-2009 Heard learned counsel for the petitioner and learned counsel for the State. It has been submitted on behalf of petitioner that he along with other co-accused had moved this court for anticipatory bail earlier which was rejected on 7-12-2005, subsequently, petitioner’s plea of alibi was verified and that took some time. According to learned counsel for the petitioner the doctor at Delhi has not denied his signature on the prescription produced by the petitioner to show that at the relevant time he was being treated at Delhi. The doctor has expressed his inability to identify the patient on account of various reasons. It appears from annexure-10 that on 28- 2-2007 some orders were passed by the S.P. in respect of application of the petitioner so that his plea could be verified but on 28-11-2007, the charge-sheet appears to have been submitted vide annexure-13 showing the petitioner as an absconder. - 2 - Naresh In the facts of the case, this court is not persuaded to reconsider the prayer of the appellant for anticipatory bail. Hence, the prayer is rejected. If the petitioner surrenders in the court below within six weeks, then the court below shall consider petitioner’s submission for the purpose of regular bail in accordance with law. ( Shiva Kirti Singh,J)