Lallan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8990 of 2021 In CRIMINAL MISCELLANEOUS No.26340 of 2015 Arising Out of PS. Case No.-131 Year-2013 Thana- ADAPUR District- East Champaran ====================================================== 1.

LALLAN RAI Son of Late Bagha Rai Resident of Village - Katknwa, P.S.- Adapur, District - East Champaran.

2.

Sanjai Rai Son of Late Bagha Rai Resident of Village - Katknwa, P.S.- Adapur, District - East Champaran.

3.

Vijay Rai Son of Late Bagha Rai Resident of Village - Katknwa, P.S.- Adapur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present application has been filed for modification of the order dated 23.09.2015 passed in Cr. Misc. No. 26340 of 2015 in connection with Adapur P.S. Case No. 131 of 2013, G.R. Case No. 792 of 2013 by which the petitioners were granted anticipatory bail but the petitioners could not surrender in time. The present modification application has been filed for

Patna High Court CR. MISC. No.8990 of 2021(2) dt.28-07-2021 2/2 extension of time for surrendering and furnishing the bail bond in pursuance of the order dated 23.09.2015 (Annexure-1). The present application has been preferred approximately after six years for modification of the order passed in the year 2015. There is an inordinate delay in filing the modification application. In my considered opinion, it is an abuse of the process of the Court.

Under the circumstances, I find no reason to interfere with the earlier order dated 23.09.2015 passed in Cr. Misc. No. 26340 of 2015.

The modification application is dismissed. If the petitioners surrender in the Court below and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order and the same may be disposed of preferably on the same day.

(Sudhir Singh, J) Pankaj/- U T