IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21660 of 2011 Lalan Singh S/o Ram Nagina Singh, R/o Village- Madhopur, P.S. Madhuban, District-East Champaran. ......Petitioner Versus The State Of Bihar ......Opposite Party ----------- 02 08.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. Apprehending his arrest in connection with Madhuban P.S. Case No. 07 of 2011 registered for the offence under sections 406, 409, 420 and 120B of the Indian Penal Code, the petitioner has prayed for grant of bail. It appears from the order dated 18.05.2011, passed in A.B.P. No. 515 of 2011 that the case of petitioner has not been decided on merit in exercise of power under Section 438 of the Code of Criminal Procedure by the learned Sessions Judge, East Champaran, Motihari. Learned counsel for the petitioner fairly concedes that in view of the order passed by the learned Sessions Judge, it would be desirable that the matter be heard afresh by the learned Judge concerned. I am not expressing any opinion on the merit of this case as it would have a bearing on the case of the petitioner, I leave the discretion open upon the learned Sessions Judge, before whom the petitioner is granted liberty to move once again for anticipatory bail and in case such an application is filed, the learned Sessions Judge would decide the case on merit in accordance with law. With these observations, the present application is disposed off. Safik ( Ashwani Kumar Singh, J.)