Md. Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58094 of 2019 In CRIMINAL APPEAL (SJ) No.2303 of 2019 Arising Out of PS. Case No.-55 Year-2015 Thana- SC/ST District- Purnia ====================================================== 1.

MD. ALAUDDIN Son of Late Garibulla Resident of Village and PostBhamra, Via Kasba, P.S.- Kasba, District- Purnea. 2.

Md. Mosahid Son of Md. Allauddin Resident of Village and Post- Bhamra, Via Kasba, P.S.- Kasba, District- Purnea.

3.

Md. Sahid Son of Md. Allauddin Resident of Village and Post- Bhamra, Via Kasba, P.S.- Kasba, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-10-2019 By filing aforesaid modification petition, petitioners have sought extension of period of surrender before the learned lower court to seek regular bail modifying the order dated 15.07.2019 of this Court with the case that on 15.07.2019 while rejecting the bail petition of the petitioners, petitioners were directed to surrender before the learned lower court within six weeks from the said order and seek regular bail and learned lower court was directed to pass order on the very date of surrender by the petitioners in accordance with law considering the facts and circumstances of the case without being prejudiced

Patna High Court CR. MISC. No.58094 of 2019(3) dt.16-10-2019 2/2 by this order but petitioners could not surrender before the learned lower court within the stipulated period under misconception of the procedure to be adopted by the petitioners. Having regard to the facts and circumstances of the case, petitioners are directed to surrender before the learned lower court within three weeks from the date of receipt/production of a copy of this order and seek regular bail and learned lower court shall pass order on the very date of surrender by the petitioners.

Accordingly, aforesaid order dated 15.07.2019 stands modified to the aforesaid extent only and aforesaid modification petition is disposed of.

(Prakash Chandra Jaiswal, J) mantreshwar/- U