IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43058 of 2008 BIPIN BIHARI Versus THE STATE OF BIHAR ----------- 2/ 21/11/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a complaint case under Sections- 406, 323 and 504 of I.P.C. and 138 of N.I. Act. This Court quotes from the last three lines of the fourth paragraph of the impugned order of rejection- “This case is based on complaint case and appears to be of civil nature. Therefore, this is not a fit case for grant of anticipatory bail.” The order reflects complete non-application of mind, either for incapacity to exercise judicial powers or deliberate abdication of judicial duties, both of which are serious matters. Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Sri S.D. Rai, Judicial 2 Magistrate, 1st Class, Hilsa, Nalanda in Complaint Case No.376(C) of 2008. Let the order be placed before the 1st Addl. Sessions Judge, Hilsa, Nalanda. KC ( Navin Sinha, J.)