Patna High CourtCR. MISC./46760/2019dismissed

Sukhdev Hazra v. The State Of Bihar

2019-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46760 of 2019 In CRIMINAL MISCELLANEOUS No.13974 of 2019 Arising Out of PS. Case No.-187 Year-2015 Thana- ARARIA District- Araria ====================================================== 1.

SUKHDEV HAZRA Son of Sri Jai Kishan Hazra Resident of MohallaSipahi Tola, Baxaghat Road, P.S.- K. Hat, District- Purnea. 2.

Ashutosh Kumar @ Sushil Kumar @ Ashutosh Kumar Sushil Son of Sri Brahamdev Sah Resident of Village- Kukaran, P.S.- Dhamdaha, DistrictPurnea. 3.

Prabhat Kumar Prabhakar @ Sintu Son of Sri Kriti Das Resident of VillageDibra Bazar, P.S.- Barhara, District- Purnea. 4.

Pankaj Kumar Choudhay Son of Sri Aano Choudhary Resident of VillagePipra, P.S.- Choutham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 This modification application has been filed for modification of order dated 30.04.2019 passed in Cr. Misc. No. 13974 of 2019 stating that vide order dated 30.04.2019 the application of the petitioners for grant of anticipatory bail was disposed of with direction to them to surrender in the court below within a period of six weeks and pray for regular bail, but due to some avoidable circumstances, the petitioners could not surrender within six weeks and thus prayed for modification of order.

Patna High Court CR. MISC. No.46760 of 2019(2) dt.31-07-2019 2/2 Heard learned APP also.

Considering the facts and circumstances of the case I am not inclined to interfere with the order dated 30.04.2019 passed in Cr. Misc. No. 13974 of 2019, as once the prayer of the petitioners for grant of anticipatory bail has been rejected, it is always open to the petitioners to surrender in the court below and pray for regular bail.

Accordingly, this modification application is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T