Patna High CourtCR. MISC./41451/2017disposed

Parmeshwar Kumar v. The State Of Bihar

2017-11-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41451 of 2017 ====================================================== Parmeshwar Kumar son of Deen Bandhu Singh, Resident of VillageHaripur Colony, P.O. Dighaghat, P.S. Digha, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Prasad For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-11-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The present application has been filed for modification of order dated 20.03.2014 passed in Cr. Misc. No. 2195 of 2014.

Learned counsel for the petitioner confines his prayer only to the extent of extending the period of surrender. The petitioner being an accused in a case registered for the offences punishable under Sections 147, 149, 341, 323, 332, 353, 435, 427 and 504 of the Indian Penal Code was granted anticipatory bail considering the fact that the accusation is omnibus and general and statement has been made in paragraph 3 of the main petition that the petitioner has no criminal

Patna High Court Cr.Misc. No.41451 of 2017 (3) dt.08-11-2017 2/2 antecedent.

It is submitted by learned counsel for the petitioner that since the petitioner was working outside the State, hence he could not surrender before the learned Court below Keeping in view the fact that the petitioner was granted anticipatory bail vide order dated 20.03.2014 whereas the present modification application has been filed on 25.08.2017, this Court is not inclined to revise the earlier order. However, keeping in view the fact that the petitioner was granted anticipatory bail on merits, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Bishambharpur P.S. Case No. 37 of 2012 pending in the Court of learned Chief Judicial Magistrate, Gopalganj.

Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T