IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30797 of 2008 RATNESH KUMAR @ BABLOO S/O LATE SURENDRA PRASAD SARRAF OF SONARPATTI ROAD, NARKATIAGANJ, P.S. SHIKARPUR, DISTRICT-WEST CHAMPARAN Versus STATE OF BIHAR ----------- 2. 16.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 406, 420 of the Penal Code. The impugned order of rejection notices the submission of the claim being of a civil nature for non-payment of debt amount with regard to a loan given for a cold storage and mortgage of the same. The conclusion of the impugned order is that “it would be better for the petitioner to surrender”. No reason has been assigned for the same. The order of rejection virtually amounts to abdication and refusal of exercise of judicial powers and discretion in accordance with law. No reasons have been assigned why the court did not consider it a case of a civil nature and, therefore, he was not satisfied to grant the privilege of anticipatory bail. Let the petitioner, abovenamed surrender in the court below within a period of six weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., West Champaran, Bettiah in Shikarpur P.S. case No.224 of 2007, subject to the conditions laid down under Section 438(2) Cr.P.C. AKS/ (Navin Sinha, J.)