Patna High CourtCR. MISC./72433/2024disposed

Md. Nizamuddin v. The State Of Bihar

2024-12-13Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72433 of 2024 In CRIMINAL MISCELLANEOUS No.42596 of 2024 Arising Out of PS. Case No.-90 Year-2016 Thana- BISFI District- Madhubani ====================================================== Md. Nizamuddin, Son of Shakil @ Mohammad Shakil Abbas Shaikh Resident of Village - Durjauliya, P.S. - Bisfi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-12-2024 Heard Mr. Harish Chandra Patel, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The present application has been filed for modification of the order dated 10.07.2024 passed in Cr. Misc. No.42596 of 2024, whereby petitioner was allowed anticipatory bail. One of the conditions therein was that he should surrender within four weeks from the date of the order.

3. However, it is submitted that the petitioner, due to the reasons mentioned in the application, particularly in paragraph no.3 thereof, could not surrender within the aforesaid period and, seeks extension of the time for surrender.

4. Considering the fact that the petitioner was already

Patna High Court CR. MISC. No.72433 of 2024(2) dt.13-12-2024 2/2 released on bail but due to compelling reasons, he could not surrender before the learned District Court within the prescribed time, the period of surrender as per order dated 10.07.2024 passed in Cr. Misc. No.42596 of 2024 is extended, subject to the condition that Rs.2,500/- be deposited in the account of Advocate Association, Patna High Court and petitioner is directed to surrender before the learned District Court on or before 23.12.2024 and the learned District Court is directed to accept the bail bond of the petitioner on the similar terms and conditions which was imposed vide order dated 10.07.2024 passed in Cr. Misc. No.42596 of 2024.

5. The order dated 10.07.2024 passed in Cr. Misc. No.42596 of 2024 is modified to the aforesaid extent only. Rest parts of the order shall remain intact.

6. The modification petition is, accordingly, disposed of.

(Purnendu Singh, J) Sanjay/- U T