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Patna High CourtCR. MISC./850/2023disposed

Ali Ahmmad @ Ali Ahmad Miya @ Ali Ahmad v. The State Of Bihar

2023-01-11Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.850 of 2023 In CRIMINAL MISCELLANEOUS No.63016 of 2019 Arising Out of PS. Case No.-394 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.

ALI AHMMAD @ ALI AHMAD MIYA @ ALI AHMAD Son of Late Sarfudin Miyan @ Saifudin R/v- Nara Parsauni, P.S.- Bhairoganj, DistrictWest Champaran 2.

MOLAJIM KHAN Son of Jahur Khan R/v- Bhairoganj Bazar, P.S.- Bhairoganj, District- West Champaran 3.

ALIHASAN BAITHA @ ALIHASAN MIYA Son of Late Shahid Miya @ Shahid Baitha R/v- Nara Parsauni, P.S.- Bhairoganj, District- West Champaran 4.

AAS MOHAMMAD @ AAJ MOHAMMAD BAITHA @ AAS MOHAMMAD BAITHA Son of Aras Baitha R/v- Bhairoganj Bazar, P.S.- Bhairoganj, District- West Champaran 5.

MUMTAZ MIYA @ MUMTAZ ALAM Son of Late Mustafa Miya @ Mustaque Miya R/v- Bhairoganj Bazar, P.S.- Bhairoganj, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2023 The present petition has been filed for modifying the order dated 12.6.2020, passed in Criminal Miscellaneous No. 63016 of 2019, to the extent that the condition, imposed upon the petitioners to mark their presence before the Superintendent of Police, Bagaha at 10:00 am. on each and every Monday of the month, be modified

Patna High Court CR. MISC. No.850 of 2023(2) dt.11-01-2023 2/3 and the petitioners be granted liberty to mark their presence before the Superintendent of Police, Bagaha at 10:00 am. on each and every Monday of the month, only till framing of charges by the learned trial court.

Having regard to the submissions made by the learned counsel for the petitioners to the effect that the petitioners are aged persons as also considering the averments made in the present petition, I deem it fit and proper to modify the order dated 12.6.2020, passed in Criminal Miscellaneous No. 63016 of 2019, by directing that the condition imposed upon the petitioners to the effect that they would mark their presence before the Superintendent of Police, Bagaha at 10:00 am. on each and every Monday of the month & in the event of their failure to do so on two consecutive occasions, the privilege of anticipatory bail shall stand revoked automatically, shall be operational & adhered to by the petitioners till framing of charges by the learned trial court in connection with Bagaha (Bhairoganj) P.S.Case No. 394 of 2019.

Patna High Court CR. MISC. No.850 of 2023(2) dt.11-01-2023 3/3 The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U T