Md. Samsad @ Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81763 of 2019 In CRIMINAL MISCELLANEOUS No.14226 of 2019 Arising Out of PS. Case No.-2120 Year-2015 Thana- COMPLAINT CASE District- Araria ====================================================== MD. SAMSAD @ MD. SHAMSHAD Son of Late Sk. Jahir @ Jahir Resident of Village - Bansbari, P.S.- Araria, Distt - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Nismat Khatoon D/o Md. Shafique, Wife of Md. Shamshad Resident of Village - Bansbari, P.S. and Distt - Araria. At present resides at village Hariyabara, P.S.- Araria (R.S.) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 This modification application has been filed for modification of order dated 26.07.2019 passed in Cr. Misc. No. 14226 of 2019, by which, the application of the petitonier for grant of anticipatory bail was disposed of with direction to the petitioner to surrender in the court below on 08.08.2019 and on his surrender, the court below was directed to release him on provisional bail on condition that he will furnish the copy of sale deed executed in favour of opposite party no. 2 and only, thereafter, his bail bonds would be confirmed. Submission of learned counsel for the petitioner is that due to some confusion in interpretation of order, he could

Patna High Court CR. MISC. No.81763 of 2019(2) dt.22-01-2020 2/2 not surrender on the date fixed by this Court, as such, he prayed for modification of order dated 26.07.2019 and for extension of time to surrender in the court below.

Heard learned APP also.

Having heard both sides, considering the facts and circumstances and also the fact that the order has been passed on 26.07.2019 and he was directed to surrender on 08.08.2019 but he has filed the present modification application on 04.11.2019, as such, I am not inclined to modify the order dated 26.07.2019 passed in Cr. Misc. No. 14226 of 2019. However, if petitioner surrenders in the court below and pray for regular bail and produces the sale deed, executed in favour of opposite party no. 2, the court below shall consider the aforesaid aspect of the matter and will pass an appropriate order on the regular bail application of the petitioner, if possible on same day. Accordingly, this modification application disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T