Md. Salamuddin Ansari @ Salamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53784 of 2019 In CRIMINAL MISCELLANEOUS No.8473 of 2019 Arising Out of PS. Case No.-636 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MD. SALAMUDDIN ANSARI @ SALAMUDDIN ANSARI Son of Nasruddin Mina @ Nathuni Mian Resident of Village-Vishunpur, P.S.-Pipra, District-East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Farhat Athar D/o Tahir Hussain Resident of Village-Kalyanpur, P.S.- Kalyanpur, District-East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This modification application has been filed for modification of order dated 28.06.2019 passed in Cr. Misc. No. 8473 of 2019, by which, the prayer of the petitioner for grant of anticipatory bail has been disposed of with certain direction and he was directed to surrender in the court below on 08.07.2019 and the opposite party no. 2 was also directed to remain present on that date Submission of learned counsel for the petitioner is that as there was strike of lawyers in the Motihari Civil Court on 08.07.2019, he could not surrender in the court below as per the direction of this Court and thus prayed for modification of

Patna High Court CR. MISC. No.53784 of 2019(2) dt.28-08-2019 2/2 order dated 28.06.2019 passed in Cr. Misc. No. 8473 of 2019 and for extension of time.

Heard learned APP also.

Having heard both sides, so far the plea that there was strike on 08.07.2019 of lawyers in the court below is concerned, the same does not debar the petitioner to appear personally before the court below and file any petition and on such plea, I am not inclined to modify the order dated 28.06.2019 passed in Cr. Misc. No. 8473 of 2019, however, if the petitioner surrenders in the court below along with opposite party no. 2 and make prayer for regular bail and files an affidavit that he is ready to keep the opposite party no. 2 with full honour and dignity, the court below will consider the same and will dispose of the prayer of the petitioner for grant of regular bail in terms of order dated 28.06.2019 passed in Cr. Misc. No. 8473 of 2019, without being prejudiced by this order.

Accordingly, this modification application is dismissed.

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