IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20601 of 2010 DIWAKAR KUMAR SON OF SUKHDEO PD. SAH, RESIDENT OF MANIYARCHAK, P.O. NAUGARHI, P.S. BARIYARPUR, DISTRICT- MUNGER, PRESENT ADDRESS- MOHALLA GAYATRI NAGAR, RENTER IN THE BUILDING OF BINOD PD. GUPTA, WARD NO.9 DAN NAGAR, P.S. & DISTRICT- KHAGARIA………………………………………. PETITIONER Versus STATE OF BIHAR……………………………….. OPP. PARTY ----------- 4 19-1-2011 Heard learned counsel for the petitioner and learned counsel for the State in respect of petitioner’s prayer for grant of fresh anticipatory bail. Admittedly, petitioner was earlier granted anticipatory bail on 14-8-2000 for the period of investigation of the case with a stipulation that if ultimately charge-sheet is submitted against him then he will have to seek fresh bail in accordance with law. After getting anticipatory bail petitioner surrendered and furnished required bail bonds and now charge sheet has been submitted against him. In such circumstances, in my view, it would not be proper to hold that petitioner has only an apprehension or fear of arrest. Having surrendered to the custody of the court as per earlier order,in my view petitioner cannot maintain a fresh application for anticipatory bail. In that view of the matter this application for anticipatory bail is dismissed. 2 In the alternative it has been submitted on behalf of petitioner that while on anticipatory bail for a number of years petitioner never mis-used the privilege and abided by the conditions under sections 438(2) Cr.P.C. This submission should be advanced before the trial court for grant of regular bail on surrender. Naresh ( Shiva Kirti Singh, J.)