Patna High CourtCR. MISC./15514/2016disposed

Ashwani Kumar v. The State Of Bihar

2017-07-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15514 of 2016 ====================================================== Ashwani Kumar, Son of Late Chandeshwar Prasad, Resident of Mohalla - Gabh Tal, Akhara Road, Danapur, P.S. - Danapur, District - Patna. At present residing at Nutan Vidya Complex, Kurji, P.S. - Digha, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the State.

The present application has been filed for modification of the order dated 25.01.2016 passed in Cr.Misc.No.3776 of 2016 to the extent of extending the period of surrender.

The petitioner preferred Cr.Misc.No.3776 of 2016 for grant of anticipatory bail in connection with Danapur P.S. Case No.255 of 2015 registered for the offences punishable under Sections 420, 467, 468, 323, 379, 471, 120B, 209, 210, 229 and 230 of the Indian Penal Code. The aforesaid Criminal Miscellaneous Application was disposed of with direction to the

Patna High Court Cr.Misc. No.15514 of 2016 (3) dt.19-07-2017 learned court below to consider the prayer for regular of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks.

It is submitted by learned counsel for the petitioner that the petitioner could not surrender within the stipulated time as the order of cognizance dated 28.04.2015, passed by learned ACJM, Danapur in Danapur P.S. Case No.255 of 2015, was under challenge in Cr.Rev.No.34 of 2016 wherein the order of cognizance was stayed vide order dated 19.01.2016 passed by learned Sessions Judge, Patna. But, now the aforesaid Criminal Revision Application has been disposed of.

In the circumstances, the period of surrender is extended by three weeks from the date of receipt/production of a copy of this order in connection with Danapur P.S. Case No.255 of 2015 pending in the court of learned ACJM, Danapur. This modification application stands disposed of. Arvind/- (Dinesh Kumar Singh, J) U T