Md. Serajuddin Main @ Serajuddin Miyan @ Charku Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18614 of 2023 In CRIMINAL MISCELLANEOUS No.41335 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- DHANGAI District- Gaya ====================================================== MD. SERAJUDDIN MAIN @ SERAJUDDIN MIYAN @ CHARKU MIYA Son of Md. Mustaque Ahmad @ Chand Khan Resident of Village - Ward No.- 6, Gajragarh, P.S.- Barachatti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Jubair Ansari For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail by order dated 12.12.2022 in Cr. Misc. No. 41335 of 2022 with a condition that one of the bailor shall be his father Mohammad Mustaque Ahmad alias Chand Khan.

Learned counsel submits that father of the petitioner had died prior to filing of the anticipatory bail application but, inadvertently, in the anticipatory bail application, in the cause title, the word Late could not be prefixed before the name of the father of the petitioner.

It is thus submitted that the order dated 12.12.2022 in Cr. Misc. No. 41335 of 2022 be modified to read as:

Patna High Court CR. MISC. No.18614 of 2023(3) dt.12-04-2023 2/2 "One of the bailor of the petitioner No. 2 shall be his wife Shakila Khatoon."

In view of the submissions made by the learned counsel for the petitioner, the order dated 12.12.2022 in Cr. Misc. No. 41335 of 2022 is modified to read as: "One of the bailor of the petitioner No. 2 shall be his wife Shakila Khatoon" instead of "One of the bailor of the petitioner No. 2 shall be his father Mohammad Mustaque Ahmad alias Chand Khan."

The order dated 12.12.2022 in Cr. Misc. No. 41335 of 2022 is modified to the extent indicated above. In the event if the petitioner surrenders on or before 24.04.2023, his bail bonds shall be accepted, provided the petitioner fulfills the other conditions so imposed by order dated 12.12.2022 i.e., the petitioner No. 2 shall produce all the four FIR relating to N.D.P.S. Act and if it is found that all cases have been instituted in the similar manner by the same informant. (Satyavrat Verma, J) HarshPandey/- U T