IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17858 of 2010 ----------- Ashok Sah, son of Kishore Sah, resident of village Ismailpur, P.S. Sadar, DistrictVaishali. ………. Petitioner Versus The State of Bihar ….Opposite Party -------- 02/ 12.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition has been filed for modification of order dated 18.07.2006, by which petition for anticipatory bail bearing Cr. Misc. No. 28483 of 2006 filed by the petitioner was allowed granting him fifteen days’ time from the date of receipt of a copy of that order, to surrender in the court below. 3. It appears that now after about four years, this petition has been filed on 11.05.2010 for enhancement of the time granted by this Court to surrender, taking a plea that this petitioner, who was petitioner no.2 in the said anticipatory bail petition, was suffering from spinal problem and was advised complete bed rest by his Doctor. However, the prescription and certificates (Annexures 1 series ) show that merely on the advice of a General Physician of Hajipur the petitioner claims to have remained on bed rest for about four years in his house without being arrested. This cannot be believed. Furthermore, the certificate and the prescription produced are only of a General Physician and no other prescription or certificate issued by any doctor specialized in such ailment has been produced to show that such problem had subsisted for such a long 2 period. It is quite unbelievable that the petitioner remained lying on bed for about four years without consulting any specialist. 4. In the aforesaid facts and circumstances, it is quite apparent that the petitioner had evaded arrest by non-compliance of the earlier order of this Court on one account or the other for such a long period although after the earlier order dated 18.07.2006 passed by this Court in Cr. Misc. No.28483 of 2006, either the petitioner would have surrendered in the court below or would have immediately after expiry of the period granted by this Court approached this Court. 5. In the said circumstances, this Court does not find any reason to modify the earlier order of this Court. Accordingly, this petition is dismissed. 6. However, if the petitioner surrenders in the court below within a month from today and files a petition for regular bail, the same should be considered and decided expeditiously on its own merits without being prejudiced by this order. MPS/ ( S. N. Hussain, J. )