Patna High CourtCR. MISC./64337/2023rejected

Awanish Singh @ Kumar Vishwajeet v. The State Of Bihar

2024-01-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64337 of 2023 In CRIMINAL MISCELLANEOUS No.55696 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- KALYANPUR District- East Champaran ====================================================== Awanish Singh @ Kumar Vishwajeet, aged about 31 years, male, Son of Birendra Singh, R/o Village-Basdev Chhapara, P.S.-Kalyanpur, Distt.-East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2024 Heard the learned counsel for the parties.

2. The petitioner/Awanish Singh @ Kumar Vishwajeet was granted bail by this Court way back on 16.11.2019 passed in Cr. Misc. No. 55696 of 2019 in connection with Kalyanpur P.S. Case No. 287 of 2018.

3. The petitioner has not surrendered to the process of law till date.

4. No good ground has been made out by the learned counsel for the petitioner for modifying the order

Patna High Court CR. MISC. No.64337 of 2023(2) dt.05-01-2024 2/2 dated 16.11.2019, extending the time limit for the petitioner to surrender before the Court below and take advantage of the order.

5. The application stands rejected.

6. The petitioner however will be well advised to surrender before the Court below and seek bail.

7. In that event, the Court below shall take into account the fact that this Court had granted anticipatory bail to the petitioner but only because of his not having surrendered to the process of law within the stipulated time, he could not take advantage of the order, referred to above, and the Court below shall pass orders in accordance with law, without being prejudiced by the fact that the present application for modification of the order has not been entertained by this Court. (Ashutosh Kumar, J) Praveen-II/- U T