IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11414 of 2009 1. Nago Yadav, son of Raghu Nandan Yadav, resident of village – Laxmipur, P.S. Sour Bazar, District – Saharsa 2. Rito Yadav, son of late Siya Ram Yadav, resident of village – Farsaha, P.S. Sour Bazar, District - Saharsa Versus STATE OF BIHAR ----------- 2/ 25.03.2009 Heard. The contention is that inspite of being impressed upon by drawing the attention of the learned Magistrate, who is seised with Sour Bazar P.S. Case no. 58 of 2008, to the names of the petitioners as mentioned in the copy of the petition of Cr. Misc. No. 35305 of 2008, the Magistrate refused releasing one of the petitioners i.e. Rito Yadav. The modification petition has been filed for correcting the order dated 12.9.2009 in the above noted Criminal miscellaneous petition. This Court refuses to do and directs the immediate release of another petitioner Rito Yadav and further directs the Chief Judicial Magistrate, Saharsa to submit his explanation as to why it should not be treated as an act of obstructing the order of this court from taking its full effect and causing wrongful and illegal confinement of a person who has a due order of bail in his favour. As soon as the report is received, the matter shall be placed on the administrative side of the court for being dealt with properly. Let this order be communicated to the court of C.J.M. Saharsa in the above mentioned case through Fax at the cost of the petitioners. Anil/ (Dharnidhar Jha, J.)