Akhilesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32625 of 2019 In CRIMINAL APPEAL (SJ) No.3731 of 2018 Arising Out of PS. Case No.-291 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== AKHILESH KUMAR SAH Son of Dwarika Sah Resident of VillageGouspur Ijara, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2019 This modification application has been filed for modification of order dated 31.01.2019 passed in Criminal Appeal (SJ) No. 3731 of 2018, by which, the prayer of the petitioner for grant of pre arrest bail has been disposed of with direction to the petitioner to surrender in the court below within a period of six months.
However, it has been submitted by learned counsel for the petitioner that petitioner could not surrender in the court below within the period prescribed by this court vide order dated 31.01.2019 due to some inadvertence, as such, he prayed for extension of time to surrender in the court below. Heard learned A.P.P. also.
Considering the facts and circumstances of the case, I
Patna High Court CR. MISC. No.32625 of 2019(2) dt.20-06-2019 2/2 am not inclined to interfere with the order dated 31.01.2019 passed in Criminal Appeal (SJ) No. 3731 of 2018. However, if the petitioner surrenders before the court below the court below and make prayer for regular bail, the same shall be disposed of by the court below on the basis of materials available on record and also after considering the fact that petitioner was earlier on police bail.
With the above observation and direction, this application is disposed of.
(Vinod Kumar Sinha, J) sunilkumar/- U T