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
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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
