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Patna High Court/862/2021dismissed

Anuj Kumar v. The State Of Bihar Through The Superintendent Of Police, Sheikhpura

2023-04-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.862 of 2021 Arising Out of PS. Case No.-273 Year-2020 Thana- BARBIGHA District- Sheikhpura ====================================================== ANUJ KUMAR S/o Tunni Ram R/O- Mohalla Chandravanshi Nagar, P.S. Barbigha, Dist. - Sheikhpura ... Petitioner

Versus

1.

The state of Bihar through The Superintendent of Police, Sheikhpura 2.

The Superintendent of Police, Sheikhpura, District, Sheikhpura 3.

The Dy. S.P. Sheikhpura, District - Sheikhpura 4.

The Investigating officer, S.I. Sayad Faiyaz Sakib of Mission OP, (of the Case Barbigha P.S. Case No. 273/ 2020)P.S. Barbigha, District- Sheikhpura. 5.

Smt. Gudiya Kumari, Female, aged about 26 years, W/O Anuj Kumar R/o Mohalla Chandravanshi Nagar, Ward no. 12, P.S. - Barbigha, Dist. - Shiekhpura ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinkar Kumar, Adv.

For the Respondent/s :

Mr. Md. Nasrul Hoda Khan, SC I ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2023 Counsel for the petitioner is directed to remove the defect(s) within two weeks.

Heard learned counsel for the petitioner and the State. Counsel for the petitioner has filed this present writ petition for modification in the bail order, dated 06.07.2021, passed in B.P. No. 402 of 2021 passed by the Additional District & Sessions Judge, III, Sheikhpura, in connection with Barbigha P.S. Case No. 273 of 2020, dated 05.12.2020, registered under Sections 498(A), 312, 420, 494 and 495/34 of the Indian Penal Code.

Counsel for the State submits that he has not come with his file. He left the file at his chamber.

Patna High Court CR. WJC No.862 of 2021(2) dt.11-04-2023 2/2 It transpires to this Court that in the writ jurisdiction the modification of bail can not be entertained. The petitioner should have to avail appropriate remedy before appropriate forum in appropriate provision of law.

With this direction, this petition is disposed off. (Dr. Anshuman, J) Shamshad/- U T