Patna High CourtCR. MISC./22912/2021dismissed

Mustafa Sheikh @ Mustafa v. The State Of Bihar

2021-04-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22912 of 2021 In CRIMINAL MISCELLANEOUS No.21701 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- KANHAULI District- Sitamarhi ====================================================== MUSTAFA SHEIKH @ MUSTAFA S/o Late Israfil Sheikh R/o villageKorlohiya, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-04-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present application has been filed for modification of the order dated 17.07.2019 passed in Cr. Misc. No.21701 of 2019.

3. Learned counsel for the petitioner states that six weeks' time for surrender and furnishing bail bond was granted by order dated 17.07.2019 which expired on 28.08.2019. However, the petitioner met with an accident in the first week of

Patna High Court CR. MISC. No.22912 of 2021(2) dt.07-04-2021 2/2 September, 2019 and remained bed-ridden till March, 2020 and he could not furnish the bail bond. As such, prayer for extension of time for the same has been made.

4. This Court takes note that the petitioner claims to have met with an accident in the first week of September, 2019 which admittedly occurred well after the stipulated time for surrender had already expired. Moreover, not a single chit of paper has been annexed to support the claim of the petitioner having met with an accident.

5. In this view of the matter, this Court is not inclined to accede to the prayer of the petitioner. The petition stands dismissed.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T