Haider Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30140 of 2016 ====================================================== Haider Ali son of Late Maula Baks, resident of Village- Baghwa, Police Station- Balia Belon (Kadwa), District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Prasad Singh, Advocate.

For the Opposite Party : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2016 Heard both sides.

The petitioner filed this petition for modification of the order dated 08.12.2015 passed in Cr. Misc. No. 50920 of 2015. Learned counsel for the petitioner submits that the petitioner was not on police bail but the police asked the petitioner to appear before the court under Section 41 of the Code of Criminal Procedure as no custodial interrogation was required.

Considering the facts aforesaid and nature of allegations made against the petitioner, I do not find the case fit for modification. Accordingly, the modification petition is dismissed. If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merit.

(Prabhat Kumar Jha, J.) KKSINHA/- U T