Suresh Singhrailway Driver v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48308 of 2013 ======================================================

1. Suresh Singh(Railway Driver) S/O Late Ram Anugraha Singh R/O Village- Kharkhura Barchi Asthan, P.S.- Delha, District- Gaya. .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-08-2015 The present modification application has been filed for extending the period of surrender and deposit. The petitioner was granted anticipatory bail in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

The accusation is of realizing rupees seven lacs for providing employment in Railway. The petitioner undertook to return rupees seven lacs within a period of six months. Hence, petitioner was directed to submit a draft of rupees seven lacs before learned Court below. The provisional bail of the petitioner was to be confirmed on submission of draft of rupees seven lacs by the petitioner before learned Court below.

It appears that petitioner could not surrender due to the illness, hence the present modification application

Patna High Court Cr.Misc. No.48308 of 2013 (5) dt.12-08-2015 2/2 has been filed.

The notices were issued to the complainant/O.P. No. 2 in the present modification application vide order dated 04.12.2013. The office note dated 19.08.2014 reflects that notices have been served.

None is appearing in the matter.

In the circumstance, the modification application is disposed of with liberty to the learned Court below to consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 2354 of 2010, Trial No. 1447 of 2012, pending in the Court o learned Chief Judicial Magistrate, Gaya.

Accordingly the modification application is disposed of.

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