IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40676 of 2008 JITU TIWARY, SON OF ASHOK TIWARY (WRONGLY STATED AS DHARMENDRA TIWARY), RESIDENT OF VILLAGE – PANSERAWAN, P.S.- MOHANIA, DISTRICT-KAIMUR Versus THE STATE OF BIHAR ----------- 2. 16/10/2008 Heard both the sides. Petitioner apprehends his arrest in a case under Sections 436, 379 and 34 of the Indian Penal Code. It appears that the petitioner was earlier on interim anticipatory bail by the learned court below with a direction to be physically present but he did not appear and ultimately his prayer for anticipatory bail was rejected. In the facts and circumstances of the case, I am not inclined to release the petitioner on anticipatory bail and the same is rejected. However, the petitioner is directed to surrender before the court below and pray for regular bail and in that event the court below shall dispose of the matter on its own merit without being prejudiced by this order of the Court. It is submitted by the learned counsel for the petitioner that the petitioner is ready to file an undertaking before the court below to remain physically present on each and every date. If the petitioner files such an application, the court below shall consider this fact also while disposing of the prayer for regular bail. S.Ali (Ghanshyam Prasad, J.)