Md. Mumtaz @ Md. Mamtuz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29508 of 2024 In CRIMINAL MISCELLANEOUS No.17735 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Md. Mumtaz @ Md. Mamtuz Son Of Md. Najam Resident Of Village- Kala Balua, Ward No. 11, Ps- Raniganj, Dist- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel submits that the present Modification Application has been filed seeking modification of the order dated 23.09.2022 in Cr. Misc. No. 17735 of 2022 on the ground that petitioner could not surrender within the time stipulated for surrender. The Court completely fails to appreciate that when six weeks time was granted to the petitioner to surrender and seek anticipatory bail, the petitioner at his leisure chose not to appear and thereafter is roaming freely under the garb of seeking extension of time by filing the instant modification application.

3. The court is taking a consistent view not to extend

Patna High Court CR. MISC. No.29508 of 2024(2) dt.20-04-2024 2/2 the period of surrender.

4. Accordingly, the Modification Application is rejected.

5. However, the Superintendent of Police, Araria is directed to forthwith arrest the petitioner and put him behind bar.

6. Let this order be communicated to the Superintendent of Police, Araria for its strict compliance. (Satyavrat Verma, J) annpurna/- U T