Patna High CourtCR. MISC./17785/2020rejected

Umesh Thakur v. The State Of Bihar

2021-02-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17785 of 2020 Arising Out of PS. Case No.-210 Year-2018 Thana- DHANARUA District- Patna ====================================================== 1.

UMESH THAKUR, Son of Bineshwar Thakur @ Vindeshwar Thakur, Resident of - Rastra Nagar Radha, P.S.- Dhanarua, District - Patna 2.

Dharmashila Devi, Wife of Umesh Thakur, Resident of - Rastra Nagar Radha, P.S.- Dhanarua, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh, Advocate Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2021 Heard learned counsel for the petitioners and the State.

Earlier the petitioners approached this Court in Cr. Misc. No. 71124 of 2018 for grant of anticipatory bail and vide order dated 17.12.2018 petitioners were granted provisional bail. However, for non-fulfillment of condition, provisional bail granted to the petitioners has not been made absolute. Under the aforesaid circumstances, the petitioners have approached this Court for modification of order dated 17.12.2018 passed in Cr. Misc. No. 71124 of 2018. Learned counsel for the petitioners submits that one of the co-accused has been granted anticipatory bail by this Court.

Patna High Court CR. MISC. No.17785 of 2020(2) dt.17-02-2021 2/2 Considering the fact that this Court has already granted indulgence to the petitioners subject to fulfillment of condition, but that condition has not been fulfilled, the Court is not inclined to modify the order dated 17.12.2018 passed in Cr. Misc. No. 71124 of 2018.

In the event, if the petitioners surrender before the court below within one month from today and pray for regular bail, which would be considered by the court below and disposed of on the same day without being prejudiced by the order of this Court.

(Anil Kumar Upadhyay, J) uday/- U T