Santosh Kumar Sharma @ Santosh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37903 of 2019 In CRIMINAL MISCELLANEOUS No.19805 of 2017 Arising Out of PS. Case No.-53 Year-2013 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== Santosh Kumar Sharma @ Santosh Thakur, Son of Bindeshwar Thakur, Resident of Village-Parsauna, P.S.-Bisfi (Patauna), District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2019 The present application has been filed for modification of order dated 26.04.2017 passed in Cr. Misc. No. 19805 of 2017 to the extent of extending the period of surrender.

It appears that petitioner being an accused in a case registered for the offences punishable under Sections 341, 354, 504, 406, 379/34 of the Indian Penal Code and Section 3(1) (x) of SC/ST (Prevention of Atrocities) Act preferred Cr. Misc. No. 7695 of 2015 with a prayer for anticipatory bail. Consequently, the petitioner and others were granted anticipatory bail vide order dated 26.02.2015 but since the petitioner was working outside the State, he could not surrender and execute bail bond. Hence, Cr. Misc. No. 30579 of 2015 was preferred for

Patna High Court CR. MISC. No.37903 of 2019(2) dt.24-07-2019 2/3 modification of the initial order dated 26.02.2015 passed in Cr. Misc. No. 30579 of 2015. The said modification application was disposed of vide order dated 22.07.2015 and period of surrender was extended by four weeks from the date of receipt/production of a copy of the order but again, the petitioner could not surrender and execute bail bond. Thereafter, the petitioner preferred Cr. Misc. No. 19805 of 2017 for modification of initial order dated 26.02.2015 passed in Cr. Misc. No. 7695 of 2015. The said modification application was disposed of vide order dated 26.04.2017 with liberty to the learned Court below to consider the prayer for regular bail of the petitioner since the petitioner was granted anticipatory bail on merit if the petitioner surrenders within a period of six weeks. Now the present modification has been filed to the extent of extent of extending the period of surrender.

In the circumstances, the period of surrender is extended by three weeks from the date of receipt/production of a copy of this order in connection with Bisfi (Patauna) P.S. Case No. 53 of 2013, pending in the Court of learned Judicial Magistrate, Ist Class, Madhubani.

It is also made clear that no further modification

Patna High Court CR. MISC. No.37903 of 2019(2) dt.24-07-2019 3/3 application will be entertained.

Accordingly, the present modification application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T