Patna High CourtCR. MISC./4682/2025allowed

Allaudin Miyan @ Allaudin v. The State Of Bihar

2025-01-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4682 of 2025 In CRIMINAL MISCELLANEOUS No.79729 of 2024 Arising Out of PS. Case No.-552 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Allaudin Miyan @ Allaudin S/O Vokil Miyan @ Vakil Miyan R/O VillageSugaon Dih @ Sugawa P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar II, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for modification of the order dated 12.11.2024 passed in Cr. Misc. No. 79729 of 2024 by which the petitioner was granted anticipatory bail in connection with Sugauli P.S. Case No. 552 of 2023, to the satisfaction of learned Special Judge Excise Court No. 1, East Champaran, Motihari and the petitioner was directed to surrender in the Court below within a period of six weeks.

3. Learned counsel for the petitioner submits that due to some unavoidable reasons, the petitioner could not surrender

Patna High Court CR. MISC. No.4682 of 2025(2) dt.24-01-2025 2/2 in the Court below well within time because as he was out of State for his livelihood and could not reach to his native place within time. It is prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the Court below.

4. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the Court below is extended for a further period of two weeks' from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

5. The order dated 12.11.2024 passed in Cr. Misc. No. 79729 of 2024 is modified to the extent as indicated above.

6. The modification application is, accordingly, allowed.

(Rudra Prakash Mishra, J) Rajorshi/- U T