Md. Tanbeer @ Tanbeer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21154 of 2023 In CRIMINAL MISCELLANEOUS No.28565 of 2022 Arising Out of PS. Case No.-255 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== MD. TANBEER @ TANBEER S/O MOKIM MANSOORI Resident of Islam Nagar, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Anbzarul Haque Sahara For the State :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The learned counsel for the petitioner submits that Md. Tanbeer @ Tanbeer was granted anticipatory bail by order dated 15.11.2022 in Cr. Misc. No. 28565 of 2022 with a condition that one of the bailor of the petitioner shall be his father.

The learned counsel for the petitioner submits that the father of the petitioner is also an accused in Sultanganj P.S. Case No. 255 of 2020 as such he could not become

Patna High Court CR. MISC. No.21154 of 2023(2) dt.03-05-2023 2/3 bailor of the petitioner. It is further submitted that this fact inadvertently could not be brought to the notice of the Court when anticipatory bail was being granted to Md. Tanbeer by order dated 15.11.2022 in Cr. Misc. No. 28565 of 2022. The learned counsel thus submits that the present modification application has been filed seeking modification of the order dated 15.11.2022 in Cr. Misc. No. 28565 of 2022 to change the condition for grant of bail. The learned counsel next submits that Md. Jawed cousin brother of the petitioner is ready to furnish the bail bond.

The learned A.P.P. for the State does not opposes the prayer of the petitioner in the nature of submission made by him.

Considering the submission made by the learned counsel for the petitioner the order dated 15.11.2022 in Cr. Misc. No. 28565 of 2022 is modified to read as that one of the bailor of the petitioner Md. Tanbeer @ Tanbeer shall be his cousin brother Md. Jawed instead of his father Md. Mokin Mansoori.

The order dated 15.11.2022 in Cr. Misc No. 28565 of 2022 is modified to the extent indicated above.

Patna High Court CR. MISC. No.21154 of 2023(2) dt.03-05-2023 3/3 Accordingly, the modification application is allowed.

In the event, if the petitioner surrenders on or before 18.05.2023 his bail bond shall be accepted on the same terms and conditions as laid in order dated 15.11.2022 in Cr. Misc No. 28565 of 2022.

(Satyavrat Verma, J) Adnan/- U T