Patna High CourtCR. MISC./52005/2024rejected

Guddu Sah @ Guddu Kumar v. The State Of Bihar

2024-07-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52005 of 2024 In CRIMINAL MISCELLANEOUS No.72173 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- MASHRAK District- Saran ====================================================== Guddu Sah @ Guddu Kumar S/O Sri Ram Sah Resident Of Village-Nawada, Police Station- Mashrakh And District- Saran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Adv For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for modification of the order dated 15.06.2022 passed in Cr. Misc. No. 72173 of 2021.

3. Learned counsel for the petitioner submits that due to communication gap between the petitioner and the learned counsel appearing on his behalf, the petitioner could not surrender in the court below within the stipulated time.

4. After going through the records of the case, it is evident that the anticipatory bail was granted to the petitioner vide order dated 15.06.2022 passed in Cr. Misc. No. 72173 of

Patna High Court CR. MISC. No.52005 of 2024(2) dt.19-07-2024 2/2 2021, by this Court and the petitioner was directed to surrender in the learned court below within six weeks from the date of granting anticipatory bail i.e. 15.06.2022. Now the petitioner has filed the present modification application after a delay of almost two years without assigning reasonable cause.

5. Considering the aforesaid facts and circumstances of the case as well as the fact that the present modification application has been filed on behalf of the petitioner after a delay of almost two years, this Court is not inclined to allow the modification application filed on behalf of the petitioner in connection with Mashrakh P.S. Case No. 248/2021 pending in the court of learned Judicial Magistrate 1st class, Saran at Chapra.

6. Accordingly, the present modification application stands rejected.

(Chandra Prakash Singh, J) Jyoti/- U T