IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9758 of 2009 MD.NAIYAR AZAM Versus THE STATE OF BIHAR & ORS ----------- 2 8.4.2009 In the instant case the petitioner has prayed for modification of the order dated 5.12.2008 passed in Cr.W.J.C. No.55/08, in connection with Khodabandpur P.S. Case No.60/05. This Court by the aforesaid order directed the police to take immediate step for arresting the accused as his anticipatory bail was rejected. Learned counsel submits that it was wrongly submitted by the petitioner, Kamrun Nisha, in this case that the anticipatory bail of the petitioner was rejected. In respect of his contention learned counsel has filed Annexure-5. Learned counsel further submits that the at the first instance final form was submitted in favour of the petitioner. However, learned Magistrate refused the prayer for bail also observing that the petitioner has been arrested pursuant to the direction of this Court. He further submits that the investigation in this case under section 173(8) of Cr.P.C. is going on. The regular bail of accused is to be considered on its own merit. Further more the petitioner also seeks permission to file separate application challenging the aforesaid order. This application is disposed of with observation that if the petitioner moves bail application, the learned court below would dispose of the same on its own merit without being 2 prejudiced by the order passed in criminal writ. Anilksinha (Samarendra Pratap Singh,J.)