Hasrat Ansari @ Asmat Ansari @ Md. Asmat Hussain Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64039 of 2025 In CRIMINAL MISCELLANEOUS No.50532 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1.

Hasrat Ansari @ Asmat Ansari @ Md. Asmat Hussain Ansari S/o Abdul Hakim Ansari R/o Vill - Lahan Dhaka, P.S. - Dhaka, District - East Champaran, State - Bihar.

2.

Samim @ Md. Shamim S/o Marhum Ansar R/o Vill - Lahan Dhaka, P.S. - Dhaka, District - East Champaran, State - Bihar. 3.

Mahfuz Ansari @ Md. Muhafuz Ansari S/o Abdul Hakim Ansari R/o Vill - Lahan Dhaka, P.S. - Dhaka, District - East Champaran, State - Bihar. 4.

Shamim @ Samim S/o Mohamad Sabir Ansari R/o Vill - Lahan Dhaka, Ward no. 20, P.S. - Dhaka, District - East Champaran, State - Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Sudhir Kumar Gupta S/o Late Durga Prasad Gupta R/o vill - Mohiuddin Nagar Samastipur, P.S.- Town Thana, Distt.- Samastipur, at present posted as Deputy Superintendent Sub-Divisional Hospital Dhaka, East Champaran, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhiresh Kumar Dhiraj, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2.

The present application has been filed for modification of the order dated 25.07.2025 passed in Cr. Misc. No. 50532 of 2025 by which the petitioners were granted anticipatory bail in connection with Dhaka P.S. Case No. 302 of 2024, to the satisfaction of learned court below and the

2/4 petitioners were directed to surrender in the Court below within a period of six weeks.

3.

Learned counsel submits that due to typographical and clerical error in the main bail application, the father's names of the petitioners and the ages of petitioner nos. 1 to 4 were incorrectly mentioned and consequently came to be recorded in the aforesaid order dated 25.07.2025, passed in Cr. Misc. No. 50532 of 2025. The correct particulars of the petitioners are as follows:

(i) Petitioner No. 1 - Correct age: 44 years; Father's name: Abdul Hakim Ansari.

(ii) Petitioner No. 2 - Correct age: 29 years; Father's name: Marhum Ansar.

(iii) Petitioner No. 3 - Correct age: 42 years; Father's name: Abdul Hakim Ansari.

(iv) Petitioner No. 4 - Father's name: Mohamad Sabir Ansari. 4.

Learned counsel for the petitioners further submits that due to some unavoidable reasons, the petitioners could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioners that further three weeks' time may be extended so that the petitioners could surrender in the Court below.

3/4 5.

Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the following order is passed :- (a) the period of surrender of the petitioners in the Court below is extended for a further period of three weeks from the date of receipt/production of a copy of this order. (b) The correct particulars of the petitioners be read as follows :- (i) Petitioner No. 1 - Correct age: 44 years; Father's name: Abdul Hakim Ansari.

(ii) Petitioner No. 2 - Correct age: 29 years; Father's name: Marhum Ansar.

(iii) Petitioner No. 3 - Correct age: 42 years; Father's name: Abdul Hakim Ansari.

(iv) Petitioner No. 4 - Father's name: Mohamad Sabir Ansari.

The rest of the conditions stipulated in the order will be same.

6.

The order dated dated 25.07.2025 passed in Cr. Misc. No. 50532 of 2025 is modified to the extent as indicated above.

7.

The modification application is, accordingly,

4/4 allowed.

(Rudra Prakash Mishra, J) Raj Kishore/- U T