Dismissed

Md. Badiujjama @ Badiujama v. the State of Bihar

Patna HC22 Jan 2020CR. MISC./86790/2019

Case brief

AI extract

What is this about?

The court rejected a plea to modify an anticipatory bail order that had become inoperative due to failure to surrender on a fixed date. The delay in filing the modification application rendered it ineligible for modification.

What did the court decide?

The modification application was dismissed; the petitioner is directed to surrender and seek regular bail in the court below.

Md. Badiujjama @ Badiujama Vs the State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86790 of 2019

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CRIMINAL MISCELLANEOUS No.51806 of 2019

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Arising Out of PS. Case No.-226 Year-2017 Thana- RAJNAGAR District- Madhubani

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======================================================

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MD. BADIUJJAMA @ BADIUJAMA Son of Late Basir @ Abbas Resident of Village- Ratikar, Basuani, P.S.- Rajnagar, Distt- Madhubani

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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Sahnaz Praveen W/o Md. Badiujjama @ Badiujama Resident of Ratikar, Basuani, Rajnagar, Distt- Madhubani.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gopal Jha For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 22-01-2020 This modification application has been filed for

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modification of order dated 20.08.2019 passed in Cr. Misc. No. 51806 of 2019. It appears that on the submission of learned counsel for the petitioner that opposite party no. 2 is residing with the petitioner, the anticipatory bail of the petitioner was disposed of with direction to the petitioner to surrender in the court below along with opposite party no. 2 on 28.08.2019.

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Submission of learned counsel for the petitioner is

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that in spite of best efforts, opposite party no. 2 was not willing to come with the petitioner and due to which, the petitioner could not surrender on the date fixed by this Court.

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Heard learned APP also.

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Patna High Court CR. MISC. No.86790 of 2019(2) dt.22-01-2020 2/2

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Having heard both sides, considering the fact that the order has been passed on 20.08.2019 and the present application for modification of order dated 20.08.2019 has been filed after four months in the month of December 2019 and the order was passed in presence of counsel of both the parties, as such, I am not inclined to modify order dated 20.08.2019 passed in Cr. Misc. No. 51806 of 2019 rather petitioner has to surrender in the court below and pray for regular bail.

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Accordingly, this modification application is

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dismissed.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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U T

Md. Badiujjama @ Badiujama v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Badiujjama @ Badiujama v. the State of Bihar

Case brief

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What the court decided

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