Patna High CourtCR. MISC./3665/2016disposed

Isha Mohammad @ Ish Mohammad Ansari And ANR v. State Of Bihar And ANR

2016-02-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3665 of 2016 ======================================================

1. Isha Mohammad @ Ish Mohammad Ansari Son of Late Oliza Ansari,

2. Asrullah Ansari, Son of Isha Mohammad @ Ish Mohammad Ansari, Both are resident of village Bharthui, P.O. - Dhanauti, P.S. - Dhanauti, District - Siwan.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Khurshid Alam, Son of Abdul Rashid, Resident of Village - Chanur South Tola, P.S. - Muffasil (Dhanouti), Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the parties.

The petitioners were granted privilege of anticipatory bail by an order dated 30.10.2013 passed in Cr.Misc.No. 22424/2013, which arose out of Dhanauti P.S.Case No. 360/2012, subject to the condition that they shall appear before the court below, supporting factum of compromise between them and the informant. Admittedly the petitioners did not comply with the said order and failed to appear before the court below within time prescribed. Nearly 21⁄2 years thereafter, the present application seeking modification of the order for extending time granted to them to appear before the court below has been filed. I am not inclined to entertain this application filed

Patna High Court Cr.Misc. No.3665 of 2016 (3) dt.22-02-2016 belatedly seeking modification, since I am not satisfied with the explanation for delay furnished by the petitioners. This application is, however, disposed of with a direction to them to appear before the court below within four weeks from today and seek regular bail, if so advised.

It is submitted on behalf of the petitioners that the dispute between the parties has since been resolved, amicably. If that is so, the court below shall certainly consider this aspect, while deciding the petitioners' application for regular bail. (Chakradhari Sharan Singh, J) Surendra/- U