Ghanshyam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.431 of 2017 ====================================================== Ghanshyam Paswan, S/o - Late Satho Paswan, resident of: - Village - Khaira, P.O. - Makduma, P.S. - Amarpur, District - Banka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-02-2017 The petitioner has filed this application for modification of the order dated 28.11.2016 passed in Cr.Misc.No.45778 of 2016 and to extend the period of surrender of the petitioner in the court below.

Learned counsel for the petitioner submits that the anticipatory bail petition of the petitioner was dismissed as withdrawn vide order dated 28.11.2016 passed in Cr.Misc.No.45778 of 2016 and the petitioner was directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail. On such, his prayer shall be considered on its own merit. From perusal of the order aforesaid, it appears that on being advised the petitioner may surrender in the court below

Patna High Court Cr.Misc. No.431 of 2017 (2) dt.15-02-2017 within four weeks, but there was no direction given by this Court to the petitioner to surrender. It is needles to say that whenever the petitioner surrenders in the court below, the court below shall consider his prayer for regular bail on its own merit without being prejudiced by the order of this Court.

Accordingly, with this observation, this petition is disposed of.

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