Patna High CourtCR. MISC./24389/2019allowed

Avanish Kumar v. The State Of Bihar

2019-07-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24389 of 2019 In CRIMINAL MISCELLANEOUS No.4339 of 2019 Arising Out of PS. Case No.-686 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Avanish Kumar Son of Jagat Nandan Singh, Resident of Village - Morsand, P.S.- Runnisaidpur, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2019 Heard both sides.

Petitioner filed this petition to modify the order dated 28.01.2019 and to extend the period of surrender in the court below.

Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail by order dated 28.01.2019 passed in Cr.Misc.No.4339 of 2019 but the petitioner could not surrender in the court below due to some unavoidable reason. It is further submitted that the petitioner fell ill and was suffering from fever but no certificate of doctor is filed with the petition.

Taking into consideration the fact that the petitioner was granted anticipatory bail but it appears that the petitioner

Patna High Court CR. MISC. No.24389 of 2019(2) dt.10-07-2019 2/2 did not surrender in the court below within time although the reason does not appear to be satisfactory but since the petitioner was granted anticipatory bail, this modification petition is allowed. Let the period of surrender of the petitioner in the court below is extended for two weeks from today. If the petitioner surrenders in the court below, he will be released on same terms and conditions as mentioned in the order dated 28.01.2019 passed in Cr.Misc.No.4339 of 2019.

Let this order be communicated to the learned A.D.J. II-cum-Special Judge, Excise Act, Sitamarhi in connection with Runnisaidpur P.S. Case No.686 of 2018.

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