IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24165 of 2008 MD.IBRAHIM, son of Sakoor Mian, village Chhardewali, PS Gopalpur, District West Champaran. Versus STATE OF BIHAR. ----------- 2 18.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 8.1.2008 passed by F.T.C IV, West Champaran, Bettiah in S.T. No. 330/2006 by which petitioner’s bail has been cancelled and the court has directed for issuance of non-bailable warrant of arrest against the petitioner. On the date fixed for appearance, that is, 8.1.2008, counsel appearing for the petitioner filed a petition before the court that the petitioner suffered from a paralytic attack and was undergoing treatment at Patna and, therefore, his petition under section 317 Cr.P.C. should be accepted. The court without considering this aspect has passed the order cancelling the bail and issued non-bailable warrant of arrest against the petitioner. Considering the fact that the petitioner was suffering from paralytic attack, I direct that the petitioner should appear before the court on the next date fixed in the case along with a receipt showing payment of Rs. 250/- to the Patna High Court Legal Aid Committee within a period of two weeks. The order, dated 8.1.2008 is quashed and this application is allowed. 2 Counsel for the petitioner is permitted to deposit the cost of Fax for communicating this order to the court concerned. haque (Sheema Ali Khan, J.)