Md. Tanwir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62922 of 2023 In CRIMINAL MISCELLANEOUS No.32973 of 2020 Arising Out of PS. Case No.-326 Year-2020 Thana- RANIGANJ District- Araria ====================================================== Md. Tanwir Alam S/O Md. Halim, R/O Village- Thari Rampur, PS- Raniganj, Dist. Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-02-2024 Heard Mr. Nafisuzzoha, the learned counsel for the petitioner and Mr. Shyam Kumar Singh, the learned Additional Public Prosecutor for the State.

2.

The present petition has been filed for modification of order dated 19.01.2021, passed in Cr. Misc. No. 32973 of 2020, whereby the petitioner has been granted provisional bail and it was further held that the provisional bail of the petitioner shall be confirmed by the Court below within a period of four weeks, upon verification that no case has been lodged alleging theft of the motorcycle bearing Chasis No. MBLHA10ABAHM07881.

3.

Learned counsel for the petitioner further submits that pursuant to the direction of this Hon'ble Court, the petitioner has furnished his bail bond on 22.01.2021, in the

Patna High Court CR. MISC. No.62922 of 2023(3) dt.29-02-2024 2/2 Court of learned Additional Chief Judicial Magistrate-VI, Araria and the learned Magistrate did not verify that the case has been lodged for alleged theft of motorcycle bearing Chasis No. MBLHA10ABAHM07881 and also did not confirm the provision bail of the petitioner within the period of four weeks. He further submits that upon perusal of the order dated 19.01.2021, passed in Cr. Misc. No. 32973 of 2020, it appears that the provisional bail granted to the petitioner shall be confirmed by the learned trial Court within a further period of four weeks on furnishing bail bond upon verification that no case has been lodged alleging theft of motorcycle bearing Chasis No. MBLHA10ABAHM07881, but, no order or any application has been filed along with this modification application, which suggests that the petitioner has approached the learned trial Court in compliance of order dated 19.01.2021, passed in Cr. Misc. No. 32973 of 2020.

4.

Considering the aforesaid facts, there is no merit in the modification petition. Accordingly, the modification petition stands dismissed.

(Rajesh Kumar Verma, J) Shahnawaz/- U T