Patna High CourtCR. MISC./28225/2023allowed

Nasim @ Md. Naism Alam @ Md. Nasim Alam v. The State Of Bihar

2023-05-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28225 of 2023 In CRIMINAL MISCELLANEOUS No.34175 of 2020 Arising Out of PS. Case No.-194 Year-2020 Thana- BARHARIA District- Siwan ====================================================== Nasim @ Md. Naism Alam @ Md. Nasim Alam S/O Afsar Alam R/O VillageChain Chhapra, P.S- Barharia, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Yadav For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and the State. The present application has been filed for modification of the order dated 04-03-2021 passed in Cr. Misc. No. 34175 of 2020 by which the petitioner was granted anticipatory bail in connection with Barhariya P.S. Case No. 194 of 2020 pending in the court of learned Additional Chief Judicial Magistrate-Ist, Siwan.

It is submitted on behalf of the petitioner that he had gone outside the state for earning his livelihood and that is why, he could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below.

Patna High Court CR. MISC. No.28225 of 2023(2) dt.03-05-2023 2/2 Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the order dated 04-03-2021 passed in Cr. Misc. No. 34175 of 2020 is modified to the extent that the period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order.

The rest of the conditions shall remain the same as mentioned in the order dated 04-03-2021 passed in Cr. Misc. No. 34175 of 2020.

Accordingly, this modification application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U T