IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.12442 OF 2010 SARWAN RAI, SON OF LATE KUKHA RAI, RESIDENT OF VILLAGE BIJBANI, POLICE STATION JITNA, DISTRICT EAST CHAMPARAN VERSUS THE STATE OF BIHAR ******** 2 07/04/2010 The petitioner will surrender before the Sub Divisional Judicial Magistrate, , Sikrahana at Motihari in connection with Dhaka Police Station Case No. 49 of 2009 within a period of ten days from today who will refer him to the Civil Surgeon -cum- Chief Medical Officer to examine whether the petitioner is suffering from Hepatitis B. The Sub Divisional Judicial Magistrate, Sikrahana at Motihari will ensure that the report should reach the Court within a period of three weeks. If it is found that the petitioner is suffering from Hepatitis B, then the delay in surrendering should be condoned; If the petitioner is not suffering from Hepatitis B, then he would not be entitled for grant of anticipatory bail in Dhaka Police Station Case No. 49 of 2009. This application is disposed of with the aforesaid observations and directions. Let a copy of this order be sent to the Court below through fax at the cost of the petitioner. Anand ( Sheema Ali Khan, J.)