Lambu Khan @ Tinku Khan @ Md. Istayaq Khan v. The State of Bihar
CR. MISC./10236/2025 · 2025-02-21
Rajiv Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19105 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19105 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10236 of 2025 In CRIMINAL MISCELLANEOUS No.79451 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Lambu Khan @ Tinku Khan @ Md. Istayaq Khan S/O Shahid Kalam Khan @ Mobin Khan Resident of village or Mohalla-Gagan Diwan, Post office-Bihar Sharif, Police Station- Laheri, District- Nalanda (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aklavya Chandan Kumar, Advocate For the Opposite Party/s : Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 21-02-2025 Heard the parties. 2. The present petition has been preferred for:-
“modification of the order dated 19.11.2024 passed in Cr. Misc. No. 79451 of 2024, Lambu Khan a Tinku Khan a Md. Istiyaque Khan Versus The State of Bihar; (Regular Bail) by Hon'ble Mr. Justice Rajiv Roy, only to the extent "the petitioner shau appear before the concerned police station every fortnight for six month to mark his attendance", may be relaxed and deleted as one of the conditions of bail from Para No. 7 of above- mentioned order.”
Patna High Court CR. MISC. No.10236 of 2025(2) dt.21-02-2025 2/3
3. On 19.11.2024, the petitioner was granted bail and one of the condition was to visit the Police Station every fortnight for six months. 4. A petition has been filed to delete the said condition on the ground that when he goes there to mark his attendance, the informant threatens to implicate him in another criminal case. 5. Learned APP submits that this is an absurd statement/submission on behalf of the learned counsel for the petitioner, inasmuch as, if any such incident is happening, it is his duty to lodge a proper FIR, file a complaint, inform the S.S.P. of the District. Instead, he has come here to get the said condition deleted. 6. Having heard the parties and perused the record, this Court is in agreement with the learned APP. 7. The order is of 19.11.2024. Three months later and only as an alibi not to visit Police Station, the petition has been filed which is certainly an abuse of process of law. 8. The same is rejected with a cost of Rs.2000/- to be paid to the Patna High Court Legal Services Committee. 9.
List this case after three weeks, i.e. on 17.03.2025 under the heading ‘To be Mentioned’ to see whether the
Patna High Court CR. MISC. No.10236 of 2025(2) dt.21-02-2025 3/3 payment has been made or not as also whether the receipt has been filed in the Office within two weeks or not. sharun/- (Rajiv Roy, J) U T