Sarfaraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17216 of 2018 ======================================================

1. Sarfaraz, S/o Mahboob @ Mangan, Resident of Village- Kakorwa, P.S.- Araria, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mrs. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2018 Heard both sides.

The petitioner has filed this petition for modification of the order dated 23.05.2017 passed in Cr. Misc. No. 12055 of 2017.

The petitioner was granted anticipatory bail vide order dated 23.05.2017 passed in Cr. Misc. No. 12055 of 2017. The learned counsel for the petitioner submits that petitioner could not surrender in the court below within the stipulated period of four weeks from the date of order as he met with an accident and got fracture injury on his leg. It appears that although in the modification petition prescription of doctor showing fracture of knee joint is annexed, which was issued on 26.06.2017, but the petitioner did not

Patna High Court Cr.Misc. No.17216 of 2018 (2) dt.02-05-2018 2/2 surrender even thereafter nor filed petition for extension of period of surrender. This modification is filed only on 24.03.2018. Considering the facts aforesaid, I am not inclined to extend the period of surrender of petitioner before the court below. This modification petition is, accordingly, dismissed.

(Prabhat Kumar Jha, J) BKS/- U T