Patna High CourtCR. MISC./44053/2012dismissed

Sunil Ram @ Bira Ram v. The State Of Bihar

2015-04-23Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44053 of 2012 ====================================================== Sunil Ram @ Bira Ram, S/O Jagdish Ram, Resident of Village- Akaura, P.S- Dawath, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 23-04-2015 The petitioner is aggrieved by the order dated 26.07.2012 passed in Cr.Misc.No.93 of 2012 by the learned Sessions Judge, Rohtas Camp Court, Bikramganj. The petitioner is an accused in a criminal prosecution registered under Sections 323, 498A, 406/34 of the Indian Penal Code. His prayer for grant of anticipatory bail was allowed by the learned Sessions Judge, Rohtas Camp Court, Bikramganj by the order dated 18.02.2012 with certain conditions.

It appears that, despite grant of anticipatory bail, petitioner did not furnish the bail bond. Therefore, he made a prayer for modification of the aforesaid order, which has been rejected by the impugned order dated 26.07.2012. Despite the order granting anticipatory bail to the petitioner, if he has chosen not to furnish the bail bond within the time prescribed, then he must thank himself and law has to take its own course. This Court does not find any illegality or irregularity in the impugned order dated 26.07.2012 refusing to modify the order dated 18.02.2012 granting him anticipatory bail. Since the petitioner has failed to avail of the privilege

Patna High Court Cr.Misc. No.44053 of 2012 (2) dt.23-04-2015 of the anticipatory bail, he must surrender in the court below and apply for regular bail. The present application is, therefore, dismissed with a direction to the learned court below to take all coercive measures for securing the attendance of the petitioner. Let this order be communicated to the court below forthwith.

(Birendra Prasad Verma, J) Arvind/- U T