Patna High CourtCR. MISC./53294/2025allowed

Mohd. Rizwan @ Md. Rizwanul Haque v. The State Of Bihar

2025-09-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53294 of 2025 In CRIMINAL MISCELLANEOUS No.70914 of 2024 Arising Out of PS. Case No.-393 Year-2024 Thana- GANDHIMAIDAN District- Patna ====================================================== Mohd. Rizwan @ Md. Rizwanul Haque son of Md. Inamul Haque @ Mohad. Arju R/O- Imambara Gali , Golghar Chauraha, Permanent R/o- JMS -64 (4), park Road, Ps- Gandhi Maidan, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2025 Learned counsel for the petitioner and learned APP for the State are present.

2. Learned counsel for the petitioner submits that the present application has been filed for modification of the order dated 22.03.2025 passed in Cr. Misc. No. 70914 of 2024, whereby the petitioner was directed to surrender before the trial court within four weeks from the date of the order. However, due to lack of communication on the part of the counsel, the petitioner could not surrender before the concerned trial court within the stipulated time. Counsel submits that the petitioner is not at fault and under compelling circumstances, communication could not be made. Counsel further submits that

Patna High Court CR. MISC. No.53294 of 2025(3) dt.12-09-2025 2/2 in future, such mistake shall not take place.

3. As such, in the light of the submissions made and the grounds mentioned in the application, four weeks' time from today is hereby granted to the petitioner to surrender before the concerned trial court.

4. Accordingly, with the aforesaid direction, the present Cr. Misc. application is hereby allowed and order dated 22.03.2025 passed in Cr. Misc. No. 70914 of 2024 is modified up to that extent, subject to payment of Rs.1,000/- (Rupees One Thousand) by counsel for the petitioner in the funds of Advocates' Association, Patna High Court.

(Dr. Anshuman, J) Divyansh/- U T