Patna High CourtCR. MISC./75097/2018allowed

Ramjee Mahto v. State Of Bihar And ANR

2018-12-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75097 of 2018 In Criminal Miscellaneous No.26919 of 2016 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== Ramjee Mahto S/o Sohari Mahto, resident of Village- Sandalpur, Police Station- Bahadurpur, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Jyoti Bhushan S/o Late Mahadeo Lal Resident of Mohalla- Bahri Begampur, P.S. Bypass, District Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Kumar For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2018 This application is filed for modification of order dated 16.02.2018 passed in Cr. Misc. No. 26919/2016 whereby the petitioner has prayed for extension of time for surrender in the court below.

Counsel for the petitioner has submitted that petitioner was granted provisional anticipatory bail vide order dated 16.02.2018 passed in Cr. Misc. No. 26919/2016 with condition to surrender in the court below within four weeks along with valid receipt showing payment of first installment as ordered by this court. It is further submitted that inadvertently the petitioner could not understand the order and he has made the entire payment in terms of the aforesaid order, but did not

Patna High Court Cr.Misc. No.75097 of 2018(2) dt.19-12-2018 2/2 surrender within four weeks. The petitioner has gone to surrender after making all the payments, but the court did not accept his surrender. Petitioner has made statement in para 7 that full and final payment was made to the complainant on 05.10.2018.

Four weeks further time is allowed to the petitioner to surrender in the court below from the date of receipt of this order along with valid receipt showing full payment to informant in terms of order dated 16.02.2018 passed in Cr. Misc. No. 26919/2016.

The court below on being satisfied will enlarge the petitioner on anticipatory bail in terms of order dated 16.02.2018 passed in Cr. Misc. No. 26919/2016 This modification petition is allowed.

(Sanjay Priya, J) vinita/- U T