Patna High CourtCR. MISC./15621/2022allowed

Mohd. Kalam Mian @ Kalam Mian v. The State Of Bihar

2022-04-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15621 of 2022 In CRIMINAL MISCELLANEOUS No.47430 of 2021 Arising Out of PS. Case No.-1305 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

MOHD. KALAM MIAN @ KALAM MIAN S/o Abdul Majid R/o Village - Basant Tola, P.S. - Bettiah (Town), District- West Champaran. 2.

MD. MIRAD ALI @ MD. MURAD ALI S/o Mohd. Kalam Mian @ Kalam Mian R/o Village - Basant Tola, P.S. - Bettiah (Town), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2022 Heard the parties.

Mr. Bimlesh Kumar Pandey, learned counsel for the petitioners submits that this Court earlier had modified the order dated 16.12.2020 and had extended time for depositing a sum of Rs. 3 Lacs and to furnish bail bond by further four weeks vide order dated 25.08.2021 but due to the fact that petitioner no.1 became ill, they could not deposit the aforesaid amount of Rs. 3 Lacs and did not surrender before the court below for furnishing their bail bonds pursuant to the modified order dated 25.08.2021 passed in Cr. Misc. No. 47430/2021.

Learned counsel further submits that now the

Patna High Court CR. MISC. No.15621 of 2022(2) dt.06-04-2022 2/2 petitioners have arranged the aforesaid sum of Rs. 3 Lacs and have already got prepared draft of Rs. 3 Lacs dated 21.02.2022 in favour of informant, Md. Nadeem Mian, the informant and a copy of draft has been annexed as Annexure-3 to the application.

Regards being had to the submissions of the parties and taking into consideration the material on record, let order dated 25.08.2021 passed in Cr. Misc. No. 47430/2021 be modified to the extent that time limit for appearance of the petitioner before the court below is extended by further three weeks' time for depositing a sum of Rs. 3 Lacs and furnishing bail bond by the petitioners.

The present modification application stands allowed to the above extent only.

(Anil Kumar Sinha, J) perwez U T