IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18087 of 2009 SHYAM KISHORE PRASAD Versus STATE OF BIHAR ----------- 2 5-8-2009 Naresh Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s prayer for anticipatory bail was dismissed by order dated 7-3-2006 as at that time a prayer had been made to withdraw anticipatory bail for the purpose of surrendering and seeking regular bail. Now the prayer has been renewed on the ground that departmental proceeding has concluded and the explanation of the petitioner has been accepted that Rs.99,000/- was wrongly shown to have been spent due to clerical mistake. The F.I.R. makes a clear reference to the plea of clerical error said to have been corrected on 28-4-2003 and materials have been mentioned in the enquiry report dated 17-8-2004 as to why the said explanation had no substance and was misleading. In the facts and circumstances of the case, this Court is not persuaded to reconsider the prayer for anticipatory bail when the petitioner has chosen not to appear in the case even after two years of withdrawing his anticipatory bail. This application is, therefore, dismissed. This order shall not prejudice the case of the petitioner if he surrenders and seeks regular bail. ( Shiva Kirti Singh,ACJ) - 2 -