Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21229 of 2016 ======================================================

1. Indradeo Yadav Son of late Yamuna Yadav Resident of VillageDharmpur, PS Chandradeep, District Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Narsingh Tanti(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2016 Heard both sides.

The petitioner has filed this petition for modification of the order dated 06.07.2015 passed in Cr. Misc. No. 20435 of 2015 along with Cr. Misc. No. 16976 of 2015 and Cr. Misc. No. 18829 of 2015 by which prayer for anticipatory bail of the petitioner was rejected and it was observed that the petitioner, if so advised, may surrender in the court below within four weeks from the date of receipt/ production of a copy of the order and pray for regular bail. On such, the prayer for regular bail shall be considered taking into consideration that similarly situated accused have already been enlarged on regular bail.

It is submitted that due to illness the petitioner could not surrender and, therefore, the period of his surrender may be

Patna High Court Cr.Misc. No.21229 of 2016 (2) dt.14-09-2016 2/2 extended by two weeks from today.

It appears that even after the order passed on 06.07.2015 the petitioner could not surrender for more than one year.

The petitioner may surrender in the court below, i.e., the learned 2nd Additional Sessions Judge, Jamui in S.T. No. 69A/2012, arising out of Chandradeep P.S. case No. 12/2011, and pray for regular bail. On such, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit.

With this observation, the modification petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U T