MD. SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned Senior Counsel for the petitioner and learned counsel for the respondent State.

(2.) Leave granted.

(3.) The order dated 9.8.2004 made by the High Court is under challenge in this appeal. The application filed by the appellant for bail was rejected by the High Court on the ground that he had obtained an order from the trial court to move out of Siwan jail to take oath as a Member of Parliament at Delhi, when the application made for bail by him was pending before the High Court. The High Court, in the impugned order, has stated thus: