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Patna High CourtCR. MISC./77491/2023disposed

Md. Tabrej Alam v. The State Of Bihar

2024-01-10Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77491 of 2023 In CRIMINAL MISCELLANEOUS No.34677 of 2016 Arising Out of PS. Case No.-540 Year-2011 Thana- COMPLAINT CASE District- Araria ====================================================== MD. TABREJ ALAM S/O SAMI AHMAD VILLAGE- FORBESGANJ, GUDARI MUHALLA, PS. FORBESGANJ, DIST. ARARIA. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

KAHKANSHA @ SALATUN D/O MOJISBUDDIN, W/O MD. TABREJ VILLAGE- KHAIRA- GATHIYA, PS. NARPATGANJ, DIST. ARARIA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been field for modification of the order dated 02.03.2017, passed in Cr. Misc No. 34677 of 2016, by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 540C of 2011, pending in the court of learned Judicial Magistrate, 1st Class, Araria, and the petitioner was directed to surrender in the court below within a period of twelve weeks and to furnish bail bond.

Patna High Court CR. MISC. No.77491 of 2023(2) dt.10-01-2024 2/3

3. Learned counsel for the petitioner submits that due to some unavoidable reasons the petitioner could not surrender in the court below within the stipulated time. It is prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below.

4. After going through the records of the case, it is evident that the anticipatory bail was granted to the petitioner vide order dated 02.03.2017, passed in Cr. Misc No. 34677 of 2016, by the then Co-ordinate Bench of this Court and the petitioner was directed to surrender in the learned court below within a period of twelve weeks from the date of granting anticipatory bail i.e., 02.03.2017 and to furnish bail bond but the petitioner could not surrender in the learned court below and furnish bail bond within time and now the petitioner has filed the present modification application on 22.11.2023 after a delay of six years and eight months without assigning reasonable cause.

5. Considering the aforesaid facts and circumstances of the case and the fact that the present modification application has been filed on behalf of the

Patna High Court CR. MISC. No.77491 of 2023(2) dt.10-01-2024 3/3 petitioner after a delay of six years and eight months, this Court is not inclined to allow the modification application filed on behalf of the petitioner in connection with Complaint Case No. 540C of 2011, pending in the court of learned Judicial Magistrate, 1st Class, Araria.

6. Accordingly, the present modification application stands rejected.

(Chandra Prakash Singh, J) Nilmani/- U T