IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1794 of 2011 JAI NARAYAN MUKHIYA Versus THE STATE OF BIHAR 2 19.01.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Earlier petitioner’s prayer for anticipatory bail preferred vide Cr.Misc. no. 25991 2010, disposed of on 27.08.2010 in the light of the order of learned Sessions Judge passed on 22.02.2010 in A.B.P No. 1039 of 2009 in connection with Mufassil P.S. Case no. 150 of 2009 pending in the court of Chief Judicial Magistrate, Motihari. The petitioner was to surrender before the court below to avail the liberty granted by learned Sessions Judge, East Champaran. Motihari, who was pleased to observe “….. the learned court below is directed to consider the regular bail of the petitioner when he surrenders, after verifying the amounts said to be due from the petitioner and on verification when he will find that dues has been cleared he will pass order on his regular bail petition ……. .” It is submitted by the learned counsel for the petitioner that inspite of provisions under Sections 446 and 2 446 A of the Code of Criminal Procedure, he has been advised to seek anticipatory bail from this Court. However, after some arguments learned counsel for the petitioner seeks permission to withdraw this application with a liberty to surrender before the Court below within three weeks from today with a prayer to avail the observation made by the learned Sessions Judge, coupled with the provisions of Code of Criminal Procedure, referred to above. It is expected that the court concerned, on proper consideration of spirit of order of learned Sessions Judge as well as provisions of law made above, will pass appropriate orders. Permission is granted. The application stands disposed of with the above liberty. Let this order be communicated to the court below through FAX at the cost of the petitioner. (Akhilesh Chandra, J.) AAhmad