IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13887 of 2009 BALAJI MISHRA Versus STATE OF BIHAR AND ANR ----------- 2 1.5.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that there is only demand without delivery that also of the dues. He was allowed earlier also privilege under section 438 Cr.P.C. but did not comply and after failure of the period allowed by the Sessions Judge, his further prayer is refused. Further submission of learned counsel is that the petitioner could not surrender due to his suffering from different ailment. Without doubting the submissions, the above named petitioner is further granted six weeks time to surrender before the court below and on his so surrendering in Complaint Case No. 109C of 2005, Tr.no. 239 of 2006, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K.Prasad, - 2 - Judicial Magistrate, 1st Class, Bhojpur, Ara, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI