IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25190 of 2010 JAGADAYAL SHARMA SON OF GOVIND SHARMA R/O VILLAGE PARARIYA, P.S. TILAUTHU, DISTRICT-ROHTAS. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 17.08.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. In this case instituted against unknown, petitioner’s name appeared during investigation as driver of the vehicle (truck) involved in the accident, causing death of a minor daughter of informant. The case is of the year 1996 but the petitioner never turned up causing himself declared as absconder as early as on 19.7.2008. Thereafter, as it is submitted by the petitioner and appears from Annexure-3 that a petition was filed before the court of Satya Prakash, Judicial Magistrate-I, Muzaffarpur on 02.02.2010 but it appears top of the petition one endorsement, said to be of Office Clerk of the Court, appears stating that he has already been declared absconder on 19.7.2008 and on the said endorsement petitioner’s surrender was not accepted and he was returned. But, perhaps this Annexure-3 was not placed before the 2 learned Sessions Judge. This is why there is no mention in this regard in the order. The learned Judge has simply refused the prayer on the ground of petitioner being declared absconder in the charge sheet itself. It is contended that in the year 2006, petitioner met with an accident and he has been physically disabled. If it is so, in the event of petitioner’s surrender his physical condition may be considered by the Court below and proper order may be passed but considering the facts and circumstances, the petitioner do not deserve the privilege of anticipatory bail as sought. Accordingly, the application stands disposed of. (Akhilesh Chandra, J.) AAhmad