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Patna High CourtCR. MISC./20463/2023disposed

Aarif Khan v. The State Of Bihar

2023-04-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20463 of 2023 In CRIMINAL MISCELLANEOUS No.16974 of 2020 Arising Out of PS. Case No.-58 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== AARIF KHAN SON OF MAHMOOD KHAN RESIDENT OF VILLAGEMANJHI THANA BAZAR, POLICE STATION MANJHI, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahtab Alam For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2023 At the outset, the learned counsel for the petitioner seeks to correct the date of disposal of the aforesaid anticipatory bail petition bearing Criminal Miscellaneous No. 16974 of 2020, which has been wrongly mentioned in paragraph no. 1 of the present petition. The necessary correction be carried out during the course of the day.

The present petition has been filed for modifying the order dated 6.11.2020, passed in Criminal Miscellaneous No. 16974 of 2020 to the extent that the condition imposed upon the petitioner regarding marking his attendance before the Officerin-Charge of the concerned police station at 10:00 am. on every Monday of the week, be directed to be waved immediately upon framing of charges by the Ld. Trial Court in the connected case.

Patna High Court CR. MISC. No.20463 of 2023(2) dt.05-04-2023 2/2 The learned counsel for the petitioner submits that since the petitioner is facing hardship on account of him being not able to leave his village for preparing for competitive examination by going to Patna, on account of the aforesaid condition, the aforesaid order dated 6.11.2020 be modified at least to the extent that the aforesaid condition, requiring the petitioner to put his attendance before the Officer-in-Charge of the concerned police station, shall be operative only till framing of charge by the learned trial court in the connected case. Having regard to the facts and circumstances of the case, I deem it fit and proper to modify the aforesaid order dated 6.11.2020 to the extent that the petitioner would be required to mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on every Monday of the week only till the framing of charges by the learned trial court in the connected case.

Accordingly, the present petition stands disposed off with the aforesaid modification in the order dated 6.11.2020, passed in Criminal Miscellaneous No. 16974 of 2020. (Mohit Kumar Shah, J) Ajay/- U T