Md. Wasim Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79423 of 2019 In CRIMINAL MISCELLANEOUS No.62148 of 2019 Arising Out of PS. Case No.-389 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== MD. WASIM MIYA Son of Samim Aktar Resident of Village - Hospital Road, Ganj, No.2, Ward No.25, P.S.- Bettiah Town, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2020 Earlier the prayer for bail of the petitioner was disposed of vide order dated 30.9.2019 passed in Cr. Misc. No.62148 of 2019 with observation that the petitioner will surrender in the court below within three weeks , on which the court below shall release the petitioner on provisional bail for a period of two months, during which period the court below shall verify the criminal antecedent of the petitioner and if it is found that except this case, petitioner is not an accused in any other case, he will confirm the provisional bail of the petitioner otherwise, he will cancel the provisional bail bonds of the petitioner and direct him to pray for regular bail. It appears that the present modification application has been filed that due to mistake of the office of the counsel, it

Patna High Court CR. MISC. No.79423 of 2019(2) dt.05-02-2020 2/2 could not be communicated as such the petitioner could not surrender before the learned court below.'

Considering the submissions as made above, this application is allowed, two weeks' time from the date of receipt of the order is allowed to the petitioner to surrender, rest part of the earlier order shall remain intact. It is made clear that no further indulgence will be granted to the petitioner. (Vinod Kumar Sinha, J) chn/- U T