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Patna High CourtCR. MISC./47900/2023disposed

Md. Hamza Jaki @ Abu Hamza Jaki v. The State Of Bihar

2023-08-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47900 of 2023 In CRIMINAL MISCELLANEOUS No.52221 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== 1.

MD. HAMZA JAKI @ ABU HAMZA JAKI SON OF MD. JAKAULLAH JAKI RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PS- PUPRI, DIST- SITAMARHI 2.

MD. HAIYAN RAYEES @ HAIYAN RAYEES SON OF RAYEES AZAM RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PS- PUPRI, DISTSITAMARHI 3.

MD. ASHRAF @ MD. ASHRAF ALI SON OF MD. MANJOOR RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PS- PUPRI, DISTSITAMARHI 4.

MD. MOASEER @ MD. MOASSIR ZAYA SON OF JIYAULLAH @ GORE RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PS- PUPRI, DIST- SITAMARHI 5.

MD. SAFDAR @ SAFDAR SON OF MD. MAHMOOD ALAM RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PS- PUPRI, DISTSITAMARHI 6.

MD. ARBAB @ ARBAB ALAM SON OF MD. JUNAID ALAM RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PS- PUPRI, DISTSITAMARHI 7.

MD. MAHMOOD ALAM @ MAHMOOD ALAM SON OF LATE NURUL HASSAN RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PSPUPRI, DIST- SITAMARHI 8.

MD. JUNAID ALAM SON OF LATE NURUL HASSAN RESIDENT OF VILLAGE- AWAPUR, WARD NO. 4, PS- PUPRI, DIST- SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2023 The present petition has been filed for modifying the order dated 24.5.2023, passed in Criminal Miscellaneous No.

Patna High Court CR. MISC. No.47900 of 2023(2) dt.02-08-2023 2/2 52221 of 2022 to the extent that the time, granted to the petitioners to surrender, which has stood expired, be extended by a further period of six weeks from today.

2.

The learned counsel for the petitioners has submitted that on account of his mis-communication with the petitioners, the petitioners could not surrender in time before the learned Court below for the purposes of availing the privilege of anticipatory bail.

3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also taking into account the averments made in the present petition, I deem it fit and proper to grant six weeks' further time to the petitioners to surrender before the learned Court of S.D.J.M., Pupri at Sitamarhi in connection with Pupri P.S. Case No. 48 of 2022 and avail the privilege of anticipatory bail.

4.

The present petition stands disposed off with the aforesaid modification in the order dated 24.5.2023, passed in Criminal Miscellaneous No. 52221 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T