Patna High CourtCR. MISC./38208/2024allowed

Santosh Sah @ Santosh Kumar v. The State Of Bihar

2024-06-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38208 of 2024 In CRIMINAL MISCELLANEOUS No.55041 of 2023 Arising Out of PS. Case No.-434 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== SANTOSH SAH @ SANTOSH KUMAR S/O RAMKSHATRI SAH R/O VILLAGE- SHEMBHUAPUR, P.S- CHANPATIYA, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application has been filed for modification of order dated 30.08.2023 passed in Criminal Misc. No. 55041 of 2023 whereby the aforesaid application for bail (Criminal Misc. No. 55041 of 2023) was disposed of with the direction that the petitioner shall appear before the court below within a period of five weeks, the court below shall consider his prayer for bail in accordance with law keeping in view the well established principle that a person who is already on bail shall not be denied such privilege unless there is any allegations of misuse of the same.

Patna High Court CR. MISC. No.38208 of 2024(2) dt.28-06-2024 2/2

3. Learned counsel for the petitioner submits that the petitioner could not surrender within the stipulated time frame of five weeks as observed in the order dated 30.08.2023 passed in Criminal Misc. No. 55041 of 2023 inasmuch as the brother-in-law of the petitioner was the Pairvikar of his case, who, under some confusion, could not inform the petitioner regarding the aforesaid terms and conditions of the order that he has to surrender before the learned court below within five weeks. Now, he accordingly, prays for two weeks more time to surrender before the learned court below.

4. Having regard to the submissions made on behalf of the petitioner, let the time granted by this Court to surrender before the learned court below by order dated 30.08.2023 passed in Criminal Misc. No. 55041 of 2023 is hereby extended by further two weeks from today.

5. Accordingly, this application is allowed to the extent indicated above.

(Anil Kumar Sinha, J) perwez U T