IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19854 of 2011 Ale Hassan Khan @ Ale Mohammad Khan, son of Rashid Khan, resident of village- Chonta P.S. Dumaria, District- Gaya. Versus The State Of Bihar ----------- 2. 07.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for State. Earlier petitioner was granted anticipatory bail by the lower court vide A.B.P. No. 1403 of 2010/ 1585 of 2010 order dated 01.03.2011 extending the privilege of bail up to filing of charge sheet. Subsequently, petitioners re-agitated the mater vide A.B.P. No. 716 of 2011 which was disposed of by the learned Sessions Judge in the background of principle laid down by the Hon'ble Apex Court reported in 2004(2) PLJR, 491 and 2008(2) BCCR, 248. Now, the matter has been settled by the Hon'ble Apex Court as reported in (2011) 1 SCC page 694 observing that anticipatory bail, so granted can not be circumvent in ordinary course of nature with a period rather once granted it should continue till conclusion of the trial. It appears that by passing the order impugned, the learned Sessions Judge overlooked the same. Accordingly, the learned Sessions Judge is directed to re-consider the matter under new arena as settled by the Hon'ble Apex Court referred to above and will pass appropriate order in accordance with law, if so approached by the petitioner without being influenced by the order impugned. With the aforesaid observation, the instant petition for anticipatory bail is disposed of. Let a copy of this order be transmitted to the learned lower court through fax at the cost of the petitioner. Ibrar/- ( Aditya Kumar Trivedi, J )