Patna High CourtCR. MISC./8079/2020dismissed

Manoj Kumar Singh v. The State Of Bihar

2020-06-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8079 of 2020 In CRIMINAL MISCELLANEOUS No.37576 of 2014 Arising Out of PS. Case No.-98 Year-2014 Thana- SAHARSA District- Saharsa ====================================================== MANOJ KUMAR SINGH S/o Bhamar Singh Resident of Islamiya Chouk, Gangjala, Ward No. 15, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nand Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2020 Heard Mr. Vivekanand Singh, learned counsel for the petitioner and Mr. Upendra Kumar, learned A.P.P. for the State through Video Conferencing.

The petitioner filed this petition for modification of the order dated 17.03.2015 passed in Cr. Misc. No.37576 of 2014 and to extend the period of surrender of the petitioner. Mr. Vivekanand Singh, learned counsel for the petitioner submits that petitioner and other accused persons were directed to be enlarged on anticipatory bail in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of the order but the petitioner did not surrender. Petitioner had gone outside his house to earn his livelihood but it appears that petitioner was granted anticipatory

Patna High Court CR. MISC. No.8079 of 2020(2) dt.22-06-2020 2/2 bail on 17.03.2015. The petitioner did not surrender within time and he remained absent for five years. The petitioner filed this petition for modification of order dated 17.03.2015 only on 28.01.2020. Therefore, I find that on account of such unexplained lapses of the petitioner, the period of surrender of the petitioner cannot be extended. The modification petition is dismissed.

If the petitioner surrenders in the court below within four weeks, learned court below shall sympathetically consider the prayer for regular bail of the petitioner on its own merit without being prejudice by the order of this Court taking into consideration the fact that the petitioner was granted anticipatory bail but he could not surrender. (Prabhat Kumar Jha, J) Saurabh/- U T