Md. Zubair @ Zubair @ Jubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61074 of 2023 In CRIMINAL MISCELLANEOUS No.27648 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- JALE District- Darbhanga ====================================================== 1.

Md. Zubair @ Zubair @ Jubair S/O Md. Alam R/O Village- Madilman, Panchayat Massa, P.S- Jale @ Jalley, Distt.- Darbhanga. 2.

Md. Akbar @ Akbar Ali S/O Late Md. Subhan R/O Village- Madilman, Panchayat Massa, P.S- Jale @ Jalley, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ugranath Mallik For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the parties.

2. The present application has been filed for modification of the order dated 21.07.2023 passed in Cr. Misc. No. 27648 of 2023 to the extent of extending the period of surrender.

3. Learned counsel for the petitioner submits that vide order dated 21.07.2023, the application for bail of the petitioners were dismissed as withdrawn with liberty to surrender before the learned court below within a period of six weeks and pray for regular below the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that there is compromise between the parties. Learned counsel for the petitioners submits that in the aforesaid order date of compromise has not been mentioned. Learned counsel for the petitioners further submits that the date

Patna High Court CR. MISC. No.61074 of 2023(2) dt.15-09-2023 2/2 of compromise is 16.07.2000 as stated in para-1 of this application.

4. From perusal of records, it appears that the petitioners have filed a supplementary affidavit in Cr. Mic. No. 27648 of 2023 in which in para-3, the date of compromise has been written as 17.06.2020.

5. On the grounds mentioned in the modification application, the period of surrender is extended by four weeks after depositing Rs. 2000/- in the victim compensation fund from the date of receipt/production of a copy of this order in connection with Jale @ Jalley P.S. Case No. 18 of 2023 pending in the court of learned Chief Judicial Magistrate, Darbhanga.

6. The order dated 24.11.2021 is modified to the extent that the date of compromise should be read as 17.06.2020 and the date of surrender is extended by four weeks from the date of receipt/production of a copy of this order.

7. Accordingly, this modification application stands disposed of.

(Anjani Kumar Sharan, J) devendra/- U T