Patna High CourtCR. MISC./74038/2018allowed

Abhimanyu Kumar v. The State Of Bihar

2018-12-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74038 of 2018 In Criminal Miscellaneous No.41601 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Nawada ====================================================== Abhimanyu Kumar Son of Rajendra Singh Resident of Village- Samay, P.S. Muffasil, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Adv.

For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This application has been filed for modification of the order dated 18.07.2018 passed in Cr. Misc. no. 41601/2018, by which petitioner has been granted anticipatory bail in connection with Muffasil P.S. Case No. 71/2017 to the satisfaction of learned Chief Judicial Magistrate, Nawada. Learned counsel for the petitioner submits that he has been granted anticipatory bail vide order dated 18.07.2018 passed in Cr. Misc. no. 41601/2018, but he could not surrender in time. Petitioner being an army personnel and posted in Rajasthan on special training programme. He was not allowed leave within the period allowed by the court for furnishing his

Patna High Court Cr.Misc. No.74038 of 2018(2) dt.12-12-2018 2/2 bail bond. True/photo copy of Identity Card of petitioner is annexed at Annexure-2.

In view of the aforesaid facts, further four weeks time is granted to the petitioner from the date of receipt of copy of this order to surrender before the court below with condition that:- (1.) both the bailors should be villagers of petitioner. They will file affidavit that they know the petitioner for last five years.

(2.) Petitioner will remain present in court as and when required by the court and on other dates petitioner will file petition under Section 317 Cr.P.C. which will be considered by the court below in accordance with law.

Condition (1) and (2) is accordingly modified. Condition no. 3 will remain the same.

The modification petition is, accordingly, allowed. (Sanjay Priya, J) vinita/- U T