Md. Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61013 of 2019 In CRIMINAL MISCELLANEOUS No.30725 of 2017 Arising Out of PS. Case No.-74 Year-2015 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

MD. IRSHAD Son of Shafique Resident of Village- Puraini, P.S.- Sri Nagar, District- Madhepura.

2.

Md. Mansoor Son of Late Mehdi Resident of Village- Puraini, P.S.- Sri Nagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2019 Heard both sides.

The petitioners filed this petition for modification of the order dated 23.08.2017 passed in Cr. Misc. No. 30725 of 2017 and for extending the period of surrender of the petitioners in the court below.

On the face of it, it appears that petitioners were granted anticipatory bail vide order dated 23.08.2017 passed in Cr. Misc. No. 30725 of 2017 but the petitioners did not surrender in the court below in spite of information give to the petitioners, as submitted by the learned counsel for the petitioners.

In this view of the fact, I am not inclined to modify

Patna High Court CR. MISC. No.61013 of 2019(2) dt.06-11-2019 2/2 the order dated 23.08.2017. Accordingly, this modification petition is dismissed.

If the petitioners surrender in the court below the learned court below shall consider the prayer for regular bail of the petitioners taking into consideration the facts that petitioners were granted anticipatory bail on merit and dispose of the same preferably on the same day.

(Prabhat Kumar Jha, J) BKS/- U T