IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35667 of 2010 CHANDAN SAO S/0 SRI MAHESHWARI SAO R/0 VILLAGE RAMPUR, P.S. JAMHOR, DISTRICT- AURANGABAD……………….. PETITIONER Versus THE STATE OF BIHAR……………. OPPOSITE PARTY. 2 06.10.2010 Heard the parties. This is second attempt by the petitioner for seeking anticipatory bail in a case registered under Section 363/363A/365 of Indian Penal Code. The petitioner and his full brother co-accused Raju Kumar had moved together before this Court in Cr. Misc. No. 8169 of 2010 seeking anticipatory bail in connection with Jamhor P.S. Case NO. 80 of 2009 dated 24.7.2009 but the same was rejected by a speaking order dated 13.4.2010 and they were directed to surrender in the Court below within a period of four weeks from that date and seek regular bail, if so advised. Learned counsel for the petitioner submits that after the aforesaid order dated 13.4.2010 there has been some new development and, therefore, the petitioner may be granted the privilege of anticipatory bail. It appears that despite specific order dated 13.4.2010 the petitioner and his full brother co-accused Raju 2 Kumar have not surrendered in the Court below as yet and they are still absconding. Even if some new development has taken place that may be a ground for regular bail. In the aforesaid facts and circumstances, this Court is not inclined to exercise its power under Section 438 of the Criminal Procedure Code. The prayer for anticipatory bail made on behalf of the petitioner is once again rejected. He must surrender in the Court below forthwith and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. M.Rahman ( Birendra Prasad Verma, J )