Patna High CourtCR. MISC./14561/2019disposed

Sunil Kumar Singh @Sunil Singh And ANR v. The State Of Bihar

2019-03-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14561 of 2019 In CRIMINAL MISCELLANEOUS No.41459 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== 1.

SUNIL KUMAR SINGH @SUNIL SINGH Son of Kamleshwari Singh Resident of Village-Kharika, P.S-Bidupur, Dist.-Vaishali 2.

Dipu Kumar Son of Uma Shankar Singh Resident of Village-Kharika, P.SBidupur, Dist.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2019 By way of present modification application petitioners seek to modify the order dated 21.08.2018 passed in Criminal Miscellaneous No. 41459 of 2018, by which, the petitioners were granted the privilege of anticipatory bail and was directed to surrender before the court below within a period of six weeks for furnishing bail bonds.

It has been submitted by learned counsel for the petitioner that vide order dated 21.08.2018 petitioners were granted anticipatory bail but as petitioner no. 1 was suffering from dengue and was living in the Punjab, they could not surrender in the court below for furnishing bail bonds within the time prescribed by the court in order dated 21.08.2018.

Patna High Court CR. MISC. No.14561 of 2019(2) dt.27-03-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, from perusal of the record, it appears that the petitioners were granted the privilege of anticipatory bail on 21.08.2018, however, they have come for modification of the said order after seven months, as such, I am not inclined to interfere with the order dated 21.08.2018, however, if the petitioners so desire, may surrender before the court below and pray for regular bail and if any such application is filed the court below shall dispose of the same on the merit of the case as well as after considering the fact that the petitioners were earlier granted anticipatory bail but they could not surrender within the time.

Accordingly, the modification application stands disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T