Md. Irshad @ Irshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55012 of 2022 Arising Out of PS. Case No.-478 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== MD. IRSHAD @ IRSHAD ALAM S/o Md. Shafique R/o villageMahimachak, P.S.- Ekchari, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-04-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 28.07.2022 in Cr. Misc. No. 134 of 2022 (arising out of Kahalgaon P.S. Case No. 478 of 2021) passed by learned Sessions Judge, Bhagalpur has refused to accept the bail bond of the petitioner on the ground of delay. It has been submitted by the learned counsel for the petitioner that the petitioner was granted anticipatory bail with a direction to furnish bail bonds within one month from the date of order but the petitioner could not furnish his bail bonds due to serious illness.

In support of his submission learned counsel for the petitioner has annexed a medical prescription vide annexure III. Considering the aforesaid facts and in the interest of justice, this application is allowed.

Patna High Court CR. MISC. No.55012 of 2022(2) dt.24-04-2023 2/2 Accordingly, the order dated 28.07.2022 in Cr. Misc. No. 134 of 2022 (arising out of Kahalgaon P.S. Case No. 478 of 2021) passed by learned Sessions Judge, Bhagalpur is hereby quashed.

The petitioner is directed to furnish bail bond within six weeks from today. The Court below is directed to accept the bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U