Jalla Miyan @ Sarfaraj Khan @ Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20287 of 2023 In CRIMINAL MISCELLANEOUS No.40037 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== Jalla Miyan @ Sarfaraj Khan @ Chand S/O Mohammad Raquib Khan R/O Mohalla- Kaghzi Mohalla, Police Station- Bihar Sharif, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mrs.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This petition has been filed for modification of order dated 03.07.2019 passed in Cr.Misc. No. 40037 of 2019 by a coordinate Bench of this Court (Hon'ble Mr. Justice Vikash Jain, as he then was). By the said order, the bail application was dismissed, however; following was observed:

"If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law on the same day, without being prejudiced by any observation in the said order."

3. In view of earlier observation made by this Hon'ble

Patna High Court CR. MISC. No.20287 of 2023(3) dt.08-09-2023 2/2 Court, further four weeks time from today is granted to the petitioner to surrender before the Court below and pray for regular bail, which shall be considered by the Court below on its own merit in accordance with law.

4. Accordingly, order dated 03.07.2019 passed in Cr.Misc. No. 40037 of 2019 is modified to the above extent only and this modification petition is disposed of. (Prabhat Kumar Singh, J) anay/- U T