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2025 DAILYLAW 8516 (PAT)

Taufique @ Taufik Alam v. The State of Bihar

CR. MISC./1571/2025 · 2025-04-23

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1571 of 2025 Arising Out of PS. Case No.-293 Year-2021 Thana- MEHSI District- East Champaran ====================================================== Taufique @ Taufik Alam, S/O Gheyasuddin @ Md. Gayasuddin, R/O Village- Damodar Pur ,P.S-Mehsi ,District-East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar. 2. Dulare Khan S/O Muslim Khan R/O Village- Mogal Pura, P.S-Mehsi, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 23-04-2025 Heard learned counsel appearing on behalf of the parties. 2. The present petition preferred under Section 482 of the Cr.P.C. against the order dated 11.07.2024 as passed in Cr. Misc. Case No. 71 of 2024 by the learned Sessions Judge, East Champaran at Motihari, wherein the period of surrender and executing bail bond in furtherance of order passed by the court of District Judge in ABP No. 5290 of 2023 dated 06.12.2023 was refused to extend. 3. It is submitted by learned counsel that the petitioner was granted anticipatory bail by learned District Judge through ABP No. 5290 of 2023 dated 06.12.2023, where it was directed to petitioner for surrender within four weeks of the order, but as during relevant period of time, the petitioner was in Punjab in Patna High Court CR. MISC. No.1571 of 2025(2) dt.23-04-2025 2/2 connection with his livelihood, therefore, he could not surrender before the learned trial court in terms of the aforesaid order. It is submitted that non- appearance/non-surrendering of the petitioner within prescribed time period was neither intentional nor deliberate, rather due to compelling circumstances, which was beyond his reach. 4. Considering the aforesaid submission and for the reasons stated in petition itself, the impugned order dated 11.07.2024 as passed by learned Session Judge, East Champaran, Motihari in Cr. Misc. No. 71 of 2024 is hereby quashed/set aside. 5. Petitioner is directed to surrender before the court below in terms of ABP No. 5290 of 2023 dated 06.12.2023 within three weeks of this order. veena/- (Chandra Shekhar Jha, J) U T