IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36679 of 2010 CHHOTELAL SAH @ CHHOTELAL PRASAD Versus STATE OF BIHAR ----------- 2 4.1.2011 Heard learned counsel for the parties. Petitioner was allowed bail by the Police itself finding all the allegations under bailable sections. Now submission of learned counsel for the petitioner is that without service of summons and process under sections 82 and 83 Cr.P.C. he has been declared absconder and apprehending his arrest. No doubt if summons or other process including sections 82 and 83 Cr.P.C. are not served, petitioner is entitled for bail but in regular side, as anticipatory bail is not maintainable. Hence, prayer for anticipatory bail on behalf of petitioner is rejected. However, petitioner is directed to surrender in the court of Sri G.Mishra, Judicial Magistrate, 1st Class, Bettiah, West Champaran in Shikarpur P.S. Case No. 19 of 2001 and pray for regular bail which 2 shall be decided under the observations made above. Let this order be communicated to the court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)