Niranjan Kumar Gai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15131 of 2018 ====================================================== Niranjan Kumar Gai @ Niranjan Gain, Son of Late Ratikant Gai Ram Nath Gai, Resident of Village- Amarpur, P.S.- Amarpur, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager Bihar State Food and Civil Supplies Corporation Limited, Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for modification of the order dated 15.01.2018 passed in Cr. Misc. 42027 of 2017. It has been submitted that petitioner was granted anticipatory bail by the aforesaid order but he could not surrender in the court below within stipulated time and, therefore, a prayer has been made to modify the aforesaid order on the ground that petitioner is taking effective steps for recovery of the dues amount from the Miller. This Court has given specific direction to the petitioner to surrender in the court below within a period of eight weeks on the terms and conditions as mentioned in the order dated 15.01.2018 passed in Cr. Misc. 42027 of 2017.

Learned counsel for the petitioner has submitted that he

Patna High Court Cr.Misc. No.15131 of 2018 (2) dt.11-04-2018 2/2 could not arrange money as directed by this Court vide order dated 15.01.2018 passed in Cr. Misc. 42027 of 2017. Learned counsel for the petitioner makes prayer for extension of further four weeks time to surrender in the Court below. He undertakes that he will comply the order of this Court within four weeks.

In such circumstances, this modification application is allowed with observation that time for surrender of the petitioner in the court below is extended by further four weeks from the date of receipt/production of copy of this order. In the event the petitioner surrenders in the court below within aforesaid period, he will be released on same terms and conditions as mentioned in the order dated 15.01.2018 passed in Cr. Misc. 42027 of 2017. Let this order be communicated to the Court of Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 68 of 2017.

(Sanjay Priya, J) S.Ali/- U T