Patna High CourtCR. MISC./31361/2021dismissed

Anokha Kumar v. The State Of Bihar

2021-07-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31361 of 2021 In CRIMINAL MISCELLANEOUS No.29875 of 2018 Arising Out of PS. Case No.-375 Year-2017 Thana- RAMPUR District- Gaya ====================================================== ANOKHA KUMAR Son of Late Ramashish Paswan Resident of Village - Koail Pokhar, P.S.- Rampur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The present application has been filed for modification of the order dated 14.05.2018 passed in Cr.Misc.No. 29875 of 2018, by which the petitioner was granted anticipatory bail in connection with Rampur P.S. case No.375 of 2017, pending in the court of Chief Judicial Magistrate, Gaya vide Annexure 1 to the present application and the petitioner was directed to surrender and furnish bail bond in the court below within a period of six weeks.

Patna High Court CR. MISC. No.31361 of 2021(2) dt.28-07-2021 2/2 The present application for modification has been filed after inordinate delay. I find that it is an abuse of process of the Court. Hence, I find no reason to interfere with the order dated 14.05.2018 passed in Cr.Misc.No.29875 of 2018. The modification application is, accordingly, dismissed.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order. If possible, the regular bail application of the petitioner may be disposed of on the same day.

(Sudhir Singh, J) Narendra/- U T