Patna High CourtCR. MISC./42544/2022allowed

Md. Nawab v. The State Of Bihar

2022-09-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42544 of 2022 In CRIMINAL MISCELLANEOUS No.39048 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.

MD. NAWAB Son of Md. Makul @ Md. Makbul Ahmad Resident of Village - Kavai, P.S.- Ghatho, Distt.- Samastipur. 2.

Md. Makbul @ Md. Makbul Ahmad Son of Shaheb Jan Resident of Village - Kavai, P.S.- Ghatho, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The present petition has been filed for modification of order dated 20.06.2022 passed in Cr.Misc. No. 39048 of 2021, whereby petitioners have been extended the privilege of anticipatory bail by this Court, for following reasons: (a) To add Section 302 of the I.P.C. in 2nd paragraph of order dated 20.06.2022 in Cr.Misc. No. 39048 of 2021, since Section 302 of the I.P.C. was added later in the F.I.R. after death of Md. Sahjad Alam, who was informant of the case. (b) To extend further four weeks time to surrender before the court below.

Patna High Court CR. MISC. No.42544 of 2022(2) dt.07-09-2022 2/2 In view of aforesaid facts and circumstances as well as reason assigned in paragraph - 3 of the petition, the modification petition is allowed. Let Section 302 of the I.P.C. be added in the 2nd paragraph of order dated 20.06.2022 in Cr.Misc. No. 39048 of 2021 and simultaneously, petitioners are granted further four weeks time from today to surrender before the court below.

The order dated 20.06.2022 passed in Cr.Misc. No. 39048 of 2021 is modified to the above extent only. (Prabhat Kumar Singh, J) anay/- U T