Md. Ishaque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42195 of 2016 ====================================================== Md. Ishaque, S/o Late Sitab Ali, resident of Village Barhiya, P.S.- Jalalgarh, District Purnea. .... .... Petitioner

Versus

1. The State of Bihar.

2. Md. Manjoor Alam, S/o Moin Uddin, resident of Village Kayami, P.S. Kasba, District Purnea.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the State. In this modification application, the petitioner seeks extension of time granted by order, dated 15.07.2016, passed in Cr. Misc. No.25791 of 2016, by which anticipatory bail was granted to the petitioner on the following conditions: "Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the abovenamed petitioner be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Purnea in connection with Complaint Case no. 2452 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the following terms:

(i) The petitioner would deposit a sum of

Patna High Court Cr.Misc. No.42195 of 2016 (2) dt.14-12-2016 2/2 Rs.35,000/- in the court below in two installments.

The first installment of Rs.20,000/- would be deposited within four weeks from today. The second installment of Rs.15,000/- would be deposited within a further period of three weeks, which would be subject to the result of the case. Failure to deposit the installment would lead to automatic cancellation of his bail bonds.

(ii) The petitioner would not physically absent for two consecutive dates at stretch, till charges are framed in the case.

It appears that the petitioner has not complied with the conditions mentioned in the aforesaid order. However, in view of the prayer of the petitioner, the time period mentioned in the order, dated 15.07.2016, passed in Cr. Misc. No.25791 of 2016, is extended in the same terms and conditions with effect from today, as mentioned in the aforesaid order.

The modification application is thus allowed. Let this order be communicated to the Court of Judicial Magistrate, 1st Class, Purnia in connection with Complaint Case No. 2452 of 2014.

(Samarendra Pratap Singh, J.) Uday/- U T