Sri Bhagwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47621 of 2017 ====================================================== Sri Bhagwan Yadav Son of Late Ram Jatan Yadav, R/o Village- Baruhan, P.S.- Bagengola, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard the parties.

This application has been filed for modification of order dated 17.4.2017 passed in Cr. Misc.No.16781 of 2017 as in that case the petitioner was directed to surrender within a period of six weeks from the date of order and the court below was directed to release the petitioner on the condition as stated in the order. Submission of the learned counsel for the petitioner is that he is an old person and he could not appear before the court within the period as prescribed as nobody was available to look after him. It has also been submitted that at least one chance shall be given to appear before the court below.

Heard learned A.P.P.

Having heard both sides, in view of the facts and circumstances and there is delay of six months in coming for

Patna High Court Cr.Misc. No.47621 of 2017 (2) dt.11-10-2017 2/2 modification of the order, I am not inclined to interfere with the order earlier passed, however, if the petitioner surrenders within a period of five weeks from the date of receipt of this order, the learned court below will consider this aspect of the matter that the petitioner was earlier granted anticipatory bail by this Court but he could not appear due to the fact as stated above and considering positively he will pass appropriate order.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U