Ashique Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51164 of 2021 In CRIMINAL MISCELLANEOUS No.10136 of 2021 Arising Out of PS. Case No.-675 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

ASHIQUE ALI Son of Aslam Ali Resident of Village- Indarwa Bairam, P.S.- Gopalganj Town, District- Gopalganj.

2.

SHER ALAM ANSARI @ SHER ALAM S/o- LATE ISRAYAL ANSARI Resident of Village- Indarwa Bairam, P.S.- Gopalganj Town, DistrictGopalganj. 3.

SHEIKH ALLAUDDIN @ ALLAUDDIN S/o- LATE DHUR MIYAN Resident of Village- Indarwa Bairam, P.S.- Gopalganj Town, DistrictGopalganj. 4.

SHEIKH ISMUDDIN @ ISMUDIN S/o- RAMJAN MIYAN Resident of Village- Indarwa Bairam, P.S.- Gopalganj Town, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.2, as the petitioner No.2 has been taken into judicial custody. Permission is accorded.

Patna High Court CR. MISC. No.51164 of 2021(2) dt.08-09-2021 2/3 The application filed on behalf of petitioner No.2 is dismissed as withdrawn.

The present application has been filed for modification of the order dated 13.04.2021 passed in Cr.Misc.No. 10136 of 2021, by which the petitioner Nos.1, 3 and 4 were granted anticipatory bail in connection with Gopalganj Town P.S. case No.675 of 2018, pending in the court of C.J.M., Gopalganj and the petitioner Nos.1, 3 and 4 were directed to surrender in the court below within a period of eight weeks.

It is submitted on behalf of the counsel for the petitioner Nos.1, 3 and 4 that due to some unavoidable reasons the petitioner Nos.1, 3 and 4 could not surrender in the court below well within time. It is further prayed on behalf of the counsel for the petitioner Nos.1, 3 and 4 that further time may be extended so that the petitioner could surrender in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioner Nos.1, 3 and 4 and the grounds mentioned in the modification application, the period of surrender of the petitioner Nos.1, 3 and 4 in the court below is extended for a further period of eight weeks from the date of

Patna High Court CR. MISC. No.51164 of 2021(2) dt.08-09-2021 3/3 receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same. The order dated 13.04.2021 passed in Cr.Misc.No. 10136 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. Narendra/- (Sudhir Singh, J) U T