Raghunath Sah @ Raghunath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20634 of 2022 In CRIMINAL MISCELLANEOUS No.27455 of 2015 Arising Out of PS. Case No.-270 Year-2014 Thana- PIPRA District- East Champaran ====================================================== RAGHUNATH SAH @ RAGHUNATH PRASAD S/o Late Chirkut Sah Resident of Village- Khairimal, P.S.- Pipara, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as the learned APP for the State through video conferencing. Vide order dated 27.10.2015, passed in Cr.Misc. No.27455 of 2015, a coordinate Bench of this Court, though did not grant anticipatory bail to the petitioner, but in view of the fact that another co-accused had been granted anticipatory bail , the coordinate Bench directed the petitioner to surrender within a period of four weeks. It was also observed by the coordinate Bench that in case the petitioner does so, it will be open to the

Patna High Court CR. MISC. No.20634 of 2022(2) dt.01-07-2022 2/2 court below to consider the case on its own merit without being prejudiced by the order of the coordinate Bench. The petitioner did not comply with the order of this Court dated 27.10.2015 and after near about seven years a prayer has been made to extend the time for his surrender, without assigning any cogent reason. Due to apathy and reluctance of the petitioner, the trial of the case hampered for a considerable long duration and, as such, it is not possible for this Court to extend the time for surrender.

The petition is accordingly rejected.

Let a report be called for from the court below in respect of steps taken by the court below to procure the appearance of the petitioner.

List the matter after for weeks.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T