Md. Sahid Ansarsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31157 of 2015 ======================================================

1. Md. Sahid Ansarsi Son of Dil Mohammad Miyan resident of Mohalla - Mahawat Tola Bettiah, Police Station - Bettiah Town, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 21-08-2015 The present application has been filed for modification of the order, dated 16.04.2015, passed in Cr. Misc. No. 38572 of 2014.

Heard Mr. Bimal Kumar, learned Counsel for the petitioner, and Mr. Jagdhar Prasad, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted on behalf of the accused-petitioner that accused-petitioner will surrender in the Court of the learned S.D.J.M., Bettiah, West Champaran, in connection with Complaint Case No.2265(C) of 2012 and would apply for bail and, hence, this application may be allowed to be withdrawn. In view of the submissions made above, while disposing of this application as withdrawn, it is hereby, in the

Patna High Court Cr.Misc. No.31157 of 2015 (3) dt.21-08-2015 2/2 interest of justice, made clear that if the accused-petitioner applies for bail, on his appearance in the learned Court below, it would remain open to the learned Court below to consider his application for bail in the light of the law contained in this regard. It is also made clear that an accused shall, ordinarily, be allowed to go on bail unless there is apprehension of his abscondence or his not appearing in the learned Court below at the time of trial.

(I.A. Ansari, ACJ) Mkr./- U T