Yogesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3126 of 2017 ====================================================== Yogesh Kumar, S/o Late Baijnath Singh, R/o Village- Main Road Marai Hazipur, P.S.- Vaishali Sadar, District- Vaishali. .... .... Petitioner
Versus
1. The State of Bihar.
2. Suraj Samdarshi, S/o Jagganath Jha, Resident of Buddha Colony, Near Maa Bhagwati Travels, East Boring Canal Road, P.S.- Buddha Colony, Dist.- Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Kumar Panday For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-03-2017 This petition has been listed on the basis of mentioning slip filed on behalf of the petitioner though this modification petition has already been disposed of vide order dated 15.02.2017. Learned counsel appearing for the petitioner submits that this modification petition was filed for extension of time to deposit the amount as directed by this court vide order dated 08.11.2016 passed in Cr. Misc. No. 43932 of 2016 but petitioner could not surrender in time before the court below and that is why the order dated 15.02.2017 passed in modification petition should be modified to this extent that petitioner be given four weeks time to surrender before the court below.
Perusal of modification petition goes to show that only
Patna High Court Cr.Misc. No.3126 of 2017 (3) dt.01-03-2017 2/2 prayer for extension of time to deposit the amount in question had been sought in the modification petition and no time was sought to surrender before the court below and, therefore, in the aforesaid circumstance, the aforesaid prayer of the petitioner cannot be allowed in this modification petition. However, petitioner may file a fresh modification petition for extension of time to surrender. The aforesaid petition must be filed within two weeks. There is no need to list this matter again.
(Hemant Kumar Srivastava, J) SHAHZAD/- U