IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25505 of 2008 RAM SWAROOP SAHANI Versus STATE OF BIHAR ----------- 2. 02.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 395 of the Penal Code registered against unknown. The court below at paragraph 5 noticed as follows : “The petitioner is not named in the F.I.R. and Police has not sent up for trial to this petitioner. From perusal of Para 116, 162 of the case diary, it appears that the petitioner was an employee of Govt. in water resources Department and he has no hand in the alleged crime and there is no any specific allegation against the petitioner. Thus, considering the nature of the case, I do not find it a fit case for anticipatory bail and, thus, the prayer of anticipatory bail of the petitioner stands disposed of. However, the petitioner is directed to surrender before the lower court and pray for regular bail and the lower court shall dispose of his bail petition on merit without being prejudice by this order. “ There appears to be no co-relation between the discussion and the conclusion. It is a clear case of refusal to exercise judicial power abdicating judicial duties. Let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees 2 ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sitamarhi in Majorganj P.S. case No. 107 of 2006, subject to the conditions laid down under Section 438(2) Cr.P.C. Let this order be placed before the District & Sessions Judge, Sitamarhi. AKS/ (Navin Sinha, J.)