Matlub And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41966 of 2017 ======================================================

1. Matlub Son of Mahmood

2. Sabir Son of Rais

3. Raju @ Md. Raju Son of Firoz All Resident of Village Bhadal, P.S. Danghar, District- Bangpat (U.P).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 This application has been filed for modification of earlier order dated 25.4.2017 passed in Cr. Misc. No.17718 of 2017, by which he has directed to surrender within a period of six weeks and on that he will be released on bail, however, it is submitted that he was out of State so he could not know about direction of this Court; as such he has come for modification of order dated 25.4.2017 passed in Cr. Misc. No.17718 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that earlier anticipatory bail was granted to the petitioner on the ground to surrender within a period of six months and in spite of that he has not appeared and after four months he has come for modification of order.

Patna High Court Cr.Misc. No.41966 of 2017 (2) dt.06-09-2017 2/2 In such view of the matter, I am not inclined to interfere with the above order, however, if the petitioner surrenders before the learned court below and make prayer for regular bail, the learned court below will consider this aspect of the matter and will pass appropriate order.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U