IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.776 of 2010 MD. MEHDI HUSSAIN, S/O LATE ANAYAT ALI, RESIDENT OF VILLAGE – KHIRHAR, P.S.- KHIRHAR, DISTRICT – MADHUBANI. ……… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SUPERINTENDENT OF POLICE, MADHUBANI. 3. THE OFFICER INCHARGE, POLICE STATION, MADHUBANI. 4. JINAT KHATOON, W/O MD. MEHDI HUSSAIN, VILLAGE – KHIRHAR, P.S. – KHIRHAR, DISTRICT – MADHUBANI. ………. RESPONDENTS. ----------- 02/ 10.08.2010 Heard counsel for the petitioner. This application has been filed for issuance of writ in the nature of Habeas Corpus directing the respondents to release the petitioner, who has been taken into judicial custody by the order dated 23.7.2010 passed by S.D.J.M., Madhubani in T.R. No. 1975 of 2010, C.R. No. 1889 of 2008. This plea has been taken by the petitioner that the order passed by the S.D.J.M., Madhubani being in teeth of the order dated 25.6.2010 granting anticipatory bail to the petitioner in Cr. Misc. No. 3083 of 2010. The confinement of the petitioner cannot be considered as a judicial confinement rather it is illegal confinement, as such it is a fit case in which the writ of Habeas Corpus can be entertained. On consideration of the entire facts and the - 2 - submissions made by the petitioner’s counsel, we are of the view that the present case may be a case of illegal exercise of powers by the S.D.J.M. Since he has interpreted the anticipatory bail order granted by the High Court in his own way, it may be a case of exercising jurisdiction in excess of the powers vested in him. But, on the other hand, it is a judicial order and for that alternative remedy is available to the petitioner. The petitioner has got remedy available to him by filing application before the Hon’ble Judge granting anticipatory bail for clarification of the order dated 25.6.2010 passed in Cr. Misc. No. 3083 of 2010. Giving this liberty, this application is being disposed of. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)