Suleman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32221 of 2024 In CRIMINAL MISCELLANEOUS No.2395 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- MATIYARIA District- West Champaran ====================================================== Suleman Ansari, S/o- Late Md. Ali Ansari, Village- Daraul, PS- Matiyariya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-04-2024 Heard the parties.

2. The petitioner seeks modification of the order dated 31.01.2024, passed in Cr. Misc. No. 2395 of 2024, to the extent the condition mentioned in para. 7 of the order regarding acceptance of bail bond may be modified and the period of surrender before the court below be further extended for an adequate period.

3. It is submitted that on the instruction, in para. 3 of the bail application, it was averred that the petitioner was made accused in four criminal cases, besides the present case, however, in all the four cases, the petitioner has not been sent up for trial. Later on, the aforesaid fact, after verification, has not been found true and, as such, the present modification application.

4. Learned counsel for the petitioner informed this

Patna High Court CR. MISC. No.32221 of 2024(2) dt.26-04-2024 2/2 Court that out of four criminal cases, mentioned in para. 3 of the bail application, in fact, only in three cases the petitioner has not been sent up for trial whereas in one case the investigation is still going on. He further submits that after institution of the F.I.R., in question, the petitioner, however, has been made accused in one another case, bearing Matiyariya P.S. case no. 86 of 2023.

5. In view of the aforesaid factual premise, which was not within the knowledge of the deponent, the prayer has been made for modification of the order of this Court.

6. Considering the aforesaid facts and having heard the learned counsel for the petitioner and learned APP for the State, the submission of the petitioner, as noted in para. 7 of the order dated 31.01.2024, passed in Cr. Misc. No. 2395 of 2024 is modified to the extent indicated hereinabove.

7. The period of surrender and furnishing bail bond is extended for a further period of two weeks from today.

8. The present modification application stands allowed.

(Harish Kumar, J) uday/- U T