Patna High CourtCR. MISC./1988/2016disposed

Md. Tasso v. The State Of Bihar

2016-02-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1988 of 2016 ======================================================

1. Md. Tasso, Son of Late Md. Hamid, Resident of Village- Makdumpur, Kahol Toil, P.S.- Puraini, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Indu Bala Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 The present application has been filed for modification of the order dated 28.07.2014 passed in Cr. Misc. No. 12015 of 2014 to the extent of extending the period of surrender.

A coordinate Bench(since retired) granted anticipatory bail to the petitioner in connection with Udakishanganj P.S. Case No. 140 of 2012 registered under Sections 419, 420, 423, 465, 467, 468, 471, 120B of the Indian Penal Code. The petitioner was directed to furnish the bail bond within a period of four weeks. Thereafter the matter was listed on 14.08.2014 with a prayer for modification when such prayer was refused vide order dated 14.08.2014 by the same coordinate Bench which reads as follows:- "No order for modification is required"

Thereafter, Cr. Misc. No. 40356 of 2014 was filed for modification of the order dated 28.07.2014 passed in

Patna High Court Cr.Misc. No.1988 of 2016 (2) dt.03-02-2016 2/2 Cr. Misc. No. 40356 of 2014 with a prayer to extend the prayer of surrender. The same was dismissed by the same coordinate Bench on 12.01.2016 for modification of the same order dated 28.07.2014 passed in Cr. Misc. No. 40356 of 2014 for extending the period of surrender.

In the circumstance, it appears that the present modification application is absolutely misconceived. The order dated 28.07.2014 passed in Cr. Misc. No. 12015 of 2014 is hereby consigned.

Let learned Court below consider the prayer for regular bail of the petitioner, keeping in view of the fact that petitioner was granted anticipatory bail on merits. Accordingly the modification application is disposed of in connection with Udakishanganj P.S. Case No. 140 of 2012, pending in the Court of learned Chief Judicial Magistrate, Madhepua.

(Dinesh Kumar Singh, J) Shageer/- U T