Patna High CourtCR. MISC./29834/2018dismissed

Ram Ashish Yadav v. The State Of Bihar

2019-08-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29834 of 2018 In CRIMINAL MISCELLANEOUS No.40806 of 2013 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ram Ashish Yadav Son of Late Dasharath Yadav, Resident of VillageJalalpur, P.O.- Dayalpur, P.S.- Janta Bazar, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2019 This application has been filed for modification of the order dated 27.1.2014 passed in Cr.Misc.No. 40806 of 2013 by which petitioner and another have been granted anticipatory bail on condition to deposit Rs.15,000/-.

The ground for modification is two told, firstly that when petitioner went to surrender in the court below the order has not reached there, as such he could not surrender and according to him the order has not reached the court as yet and secondly co-accused has been granted the privilege of anticipatory bail by this Court vide order dated 20.7.2017 passed in Cr.Misc.No. 33666 of 2017 without any condition. Heard learned APP also.

Having heard both sides, I fail to appreciate the

Patna High Court CR. MISC. No.29834 of 2018(3) dt.19-08-2019 2/2 submission of learned counsel that the order granting conditional anticipatory bail to the petitioner has not reached during the period of five years but he has not taken any pain to inform the Court about the non-reaching of the order to the court and now he has come with a plea that since another coaccused has been granted anticipatory bail without any condition, petitioner may also be granted bail. Accordingly, I find no justification to modify the order dated 27.1.2014 and this application is dismissed.

However, if petitioner surrenders and prays for regular bail on the ground taken by the petitioner, learned court below shall consider the same and, if possible, to be disposed of on the same day.

(Vinod Kumar Sinha, J) spal/- U T