Patna High CourtCR. MISC./52917/2023disposed

Md Javed v. The State Of Bihar

2023-08-09Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52917 of 2023 In CRIMINAL MISCELLANEOUS No.21500 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD JAVED S/O LATE TASLIM R/O VILLAGE- MIRJAPUR BARDAH, PS.- MUFFASIL, DIST. MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner was granted anticipatory bail by order dated 04.07.2023 in Cr. Misc. No. 21500 of 2023 with a condition that one of the bailors of the petitioner shall be his father, namely, Taslim.

3. Learned counsel for the petitioner submits that father of the petitioner died prior to passing of the order dated 04.07.2023 in Cr. Misc. No. 21500 of 2023, but instruction with regard to the same was not provided to him. It is further submitted that petitioner could not surrender on time as his father had died prior to 04.07.2023, thus, seeks modification of the order dated 04.07.2023 in Cr. Misc. No. 21500 of 2023.

4. The order dated 04.07.2023 in Cr. Mics. No. 21500

Patna High Court CR. MISC. No.52917 of 2023(2) dt.09-08-2023 2/2 of 2023 is modified to read as "one of the bailors of the petitioner shall be his brother, namely, Julfakkar Alam" instead of his "father Taslim".

5. Learned counsel for the petitioner has also brought on record the death certificate of the father of the petitioner contained in Annexure-2 to the modification application.

6. The order dated 04.07.2023 is modified to the extent indicated above.

7. However, if the petitioner surrenders on or before 25.08.2023 his bail bonds shall be accepted on the same terms and conditions.

8. Accordingly, the modification application is allowed.

(Satyavrat Verma, J) Kundan/- U T