Md. Mustakim @ Mustakim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86737 of 2019 In CRIMINAL MISCELLANEOUS No.58317 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- KUMAR KHAND DistrictMadhepura ====================================================== 1.

MD. MUSTAKIM @ MUSTAKIM S/O Alisher Resident of Village Bishanpur Bazaar, Ward No. 05, Police Station - Kumarkhand and District - Madhepura.

2.

Md. Gafur S/O Alisher Resident of Village Bishanpur Bazaar, Ward No. 05, Police Station - Kumarkhand and District - Madhepura. 3.

Muktar S/O Gafur Resident of Village Bishanpur Bazaar, Ward No. 05, Police Station - Kumarkhand and District - Madhepura. 4.

Jalekha Khatoon W/O Maksood @ Md. Maksood Resident of Village Bishanpur Bazaar, Ward No. 05, Police Station - Kumarkhand and District - Madhepura.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party Appearance :

For the Petitioners :

Mr. Sanjeev Verma, Advocate.

For the Opposite Party:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2020 Heard learned counsel for the petitioners and learned APP for the State through video conference.

2. The present application has been filed for modification of the order dated 16.09.2019 passed in Cr. Misc. No. 58317 of 2019 by "expunging/ deleting/ amending condition mentioned in paragraph no.5 of the provisional bail and also for granting further 4 weeks for furnishing bail bonds."

Patna High Court CR. MISC. No.86737 of 2019(2) dt.01-07-2020 2/2

3. Learned counsel for the petitioner submits that one of the conditions imposed for grant of provisional anticipatory bail was "The provisional bail granted to the petitioners shall be confirmed by the learned court below upon verification within a further period of 4 weeks after furnishing bail bond that no grievous injury has been caused to Md. Bechu and Md. Gyas. In case grievous injury is found, their bail bonds shall stand automatically cancelled". It is submitted that though it was found that Md. Gyas had sustained one grievous injury, on the left temporal parietal bone region and hence the petitioners could not furnish their bail bonds, the dispute between the parties has since been amicably resolved and a joint compromise petition filed before the learned Court below.

3. Having heard learned counsel for the petitioners, this Court is not find it a fit case for allowing the prayer for modification of the order dated 16.09.2019 passed in Cr. Misc. No. 58317 of 2019.

4. The petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T