Patna High CourtCR. MISC./47654/2017dismissed

Rajesh Yadav v. The State Of Bihar

2017-10-10Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.47654 of 2017 (2) dt.10-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47654 of 2017 ====================================================== Rajesh Yadav, Son of Late Kanhai Yadav, Resident of Mohalla - Gawal Bigha Bathan, P.S. Rampur, District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-10-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

This application has been filed by the petitioner for modification in the order dated 23.04.2015 passed in Criminal Misc. No. 9854 of 2014 by a Bench of this court with regard to extend the period of surrender of the petitioner in the court below. Learned counsel for the petitioner submits that vide order dated 23.04.2015 passed in Criminal Misc. No. 9854 of 2014, the petitioner was granted anticipatory bail, in the event of arrest or surrender before the court below, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Rampur P.S. Case No. 47 of 2013, subject to the

Patna High Court Cr.Misc. No.47654 of 2017 (2) dt.10-10-2017 conditions laid down under Section 438(2) Cr.P.C. But the petitioner could not surrender within the stipulated period as he had no knowledge about the aforesaid order. In that view of the matter, learned counsel for the petitioner prays for extension of period of surrender of the petitioner in the court below. Since the petitioner has filed mortification application after about two and half years, hence, I find no reason to allow the modification application.

Accordingly, this modification application is rejected.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T