Md. Afsar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42649 of 2019 In CRIMINAL MISCELLANEOUS No.79764 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- HABIBPUR District- Bhagalpur ====================================================== MD. AFSAR, Son of Md. Ekram, Resident of Village-Shahjangi (Mansoori Tola), Police Station-Habibpur, District-Bhagalpur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sonam, D/o Md. Ishaque, Resident of Mohalla-Mansoori Tola, Shahjangi, P.S.-Habibpur, District-Bhagalpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2019 This application has been filed for modification of the order dated 28.2.2019 passed in Cr.Misc.No.79764 of 2018 by which petitioner was granted anticipatory bail with direction to the petitioner to surrender within a period of six weeks from the receipt of that order.

Learned counsel for the petitioner has submitted that petitioner could not surrender within the time due to misconception and he may be allowed some more time to surrender in the court below.

Heard learned APP also.

In the facts and circumstances, I am not inclined to interfere with the earlier order passed by this Court. However, if

Patna High Court CR. MISC. No.42649 of 2019(2) dt.11-07-2019 2/2 the petitioner surrenders and pray for regular bail, the same shall be considered by the court below on the basis of materials available on the record as well as on the basis of the fact that petitioner has been granted anticipatory bail earlier by this Court but he could not appear in time and, if possible, to be disposed of on the same day.

(Vinod Kumar Sinha, J) spal/- U T