IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13603 of 2009 MD.AQILUR RAHMAN Versus STATE OF BIHAR & ANR ----------- 2 12.5.2009 Learned counsel for the petitioner submits that section 409 of I.P.C deals with punishment for life imprisonment. He submits that the allegation of serious embezzlement has been leveled in this case. He submits that in such case the Magistrate ought not to have granted bail on surrendering. Having heard the learned counsel for the parties, this Court finds that it would be appropriate for the petitioner to move the learned Sessions Judge for cancellation of bail. With the aforesaid observation the instant petition is permitted to be withdrawn with liberty to file the same before the learned Sessions Judge. If such application is filed by the petitioner before the learned Sessions Judge, the same will be considered on its own merit and disposed of expeditiously without being prejudiced by this order. Anilkrsinha (Samarendra Pratap Singh, J.)