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Patna High Court – Orders
Anwarul Haque & Anr vs The State Of Bihar on 15 September, 2011
           IN THE HIGH COUR T OF JUDICATURE AT PATNA
                        Cr.Misc. No.6925 of 2011
        1. Anwarul Haque, son of Ainul Haque, resident of
           village-Bahuwari, P.S.- Ramgarhwa, District-East
           Champaran.
        2. Samsad Ahmad, son of Khedu Mian, resident of
           village-    Purainia,     P.S.-Darpa,     District-East
           Champaran.
                                                ...........Petitioners.
                                         Versus
                                 The State of Bihar
                                      -----------

2 15.09.2011 Petitioners being refused to avail the

privilege of anticipatory bail granted by learned

Sessions Judge, East Champaran at Motihari under

A.B.P. No.1031 of 2010 arising out of Motihari Town

P.S. Case No.319 of 2010 registered under Sections

406, 420, 467, 468, 471, 120(B) of the I.P.C. vide

order dated 24.09.2010, could not surrender within

the stipulated period within 20 days on the ground of

illness which, the subsequent order dated

06.01.2011 speaks by which the prayer has been

refused to extend the period of 20 days as marked

vide order dated 24.09.2010. Once the privilege has

been given then under such situation the same

should not be curtailed unless and until there

happens to be concurrent material adverse to the
2

interest of the petitioner. Therefore, the order dated

06.01.2011 passed by learned Sessions Judge, East

Champaran at Motihari in A.B.P. No.1031 of 2010

relating to Motihari Town P.S. Case No.319 of 2010

is quashed with a direction to the petitioners to

surrender before the learned lower court within four

weeks from passing of impugned order with same

terms and conditions as has been imposed by the

learned Sessions Judge vide order dated 24.09.2010

in connection with A.B.P. No.1031 of 2010 relating to

Motihari Town P.S. Case No.319 of 2010.

Let this order be communicated upon the

learned lower court through fax at the cost of the

petitioner.

Consequent thereupon petition is disposed

of.

(Aditya Kumar Trivedi, J.)
PN


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