IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1289 of 2011 MD.ATAUL HAQUE @ MD. ATABUL HAQUE, SON OF MD. SAGIRUDDIN, RESIDENT OF VILLAGE- SIMRI, P.S.+P.O.- SIMRI, BAKHTIYARPUR, DISTRICT- SAHARSA :---PETITIONER. Versus THE STATE OF BIHAR :----OPPOSITE PARTY. ----------- 3. 02.02.2011 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with Bakhtiyarpur P.S.Case No. 104/2008 dated 24.04.2008 corresponding to G.R.No. 628 of 2008. His earlier attempt for grant of bail in the event of arrest in the said case was permitted to be withdrawn by this Court under orders dated 09.04.2009 passed in Cr. Misc. No. 37304 of 2008, Annexure-1. It is submitted on behalf of the petitioner that while permitting the earlier attempt of the petitioner for grant of bail in the event of arrest to be withdrawn, this Court under orders dated 09.04.2009 did not notice the fact that earlier the informant had filed Complaint Case No. 788 ‘C’ of 2003 levelling the same allegation which has been levelled in the present First Information Report. It is also submitted that in Complaint Case No. 788 ‘C’ of 2003 petitioner and other accused have already been allowed bail. Let the petitioner, named above, surrender in the court below (C.J.M., Saharsa) within four weeks from the date of receipt of a copy of this order in the court below in - 2 - connection with Bakhtiyarpur P.S.Case No. 104/08, corresponding to G.R.No. 628/2008 and if it is true that petitioner has already allowed bail in Complaint Case No. 788 ‘C’ of 2003, he be allowed similar privilege in the present case as well. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N. Sinha, J.)