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Patna High CourtCR. MISC./17036/2019allowed

Om Shankar Kumar v. The State Of Bihar

2019-03-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17036 of 2019 In CRIMINAL MISCELLANEOUS No.69341 of 2018 Arising Out of PS. Case No.-110 Year-2017 Thana- Civil Line District- Gaya ====================================================== Om Shankar Kumar, Son of Arvind Kumar @ Arvind Paswan Resident of Village- Nadwan, P.S.- Dhanaura, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-03-2019 The petitioner seeks modification of the order dated 19.12.2018, passed in Cr. Misc. No. 69341 of 2018, whereby even though the prayer for anticipatory bail was rejected but this Court had directed the petitioner to surrender before the court below within a period of four weeks from the date of passing of the order and the court below was directed to take the totality of the circumstances into account for passing a reasoned order in accordance with law.

The petitioner, for unavoidable reasons, as has been stated in the petition, could not surrender before the court below in time. As such, a prayer for extension of time

Patna High Court CR. MISC. No.17036 of 2019(2) dt.27-03-2019 2/2 to surrender before the court below has been made. This Court is satisfied that good grounds have been made out for modification of the order dated 19.12.2018. The order dated 19.12.2018 is modified to the extent that if the petitioner surrenders before the court below within a period of four weeks from today, the court below shall take into account the totality of the circumstances and shall pass orders in accordance with law. (Ashutosh Kumar, J) skm/- U