Santosh Prasad @ Sri Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48422 of 2022 Arising Out of PS. Case No.-114 Year-2017 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Santosh Prasad @ Sri Santosh Prasad Son Of Late Baban Prasad Resident Of Village - Nauhatta, P.S.- Belaon, Distt.- Kaimur (Bhabua). ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Bihar State Food and Civil Supplies Corporation , Through the Distt. Manager, Kaimur, Distt.-Kaimur Bihar 3.

Sri Gendhari Paswan Son of Sri Sita Ram Paswan Resident of Village - and PO- Narsanda, P.s.- Chandi, Co-Operative Extension Distt.- Nalanda. At Present - Distt.- Co-operative Extension Officer, Distt.- Kaimur (Bhabua). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nikhil Singh, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2022 After some arguments, the learned counsel for the petitioner seeks to withdraw the present petition to enable the petitioner to surrender before the learned court below, within a period of one week from today, in view of the fact that though the Hon'ble Apex Court by an order dated 19.07.2019 passed in SLP (Crl.) No. 4096 of 2018, had directed the petitioner to surrender before the concerned trial court, within a period of 2 weeks, but still the petitioner has been defying the orders of the Hon'ble Apex Court and has not surrendered before the concerned trial Court till date.

Though, this Court grants liberty to the petitioner to

Patna High Court CR. MISC. No.48422 of 2022(2) dt.09-11-2022 2/2 surrender before the learned court below, within a period of one week from today, however, directs the Director General of Police, Bihar, Patna that in case the petitioner does not surrender, as aforesaid, he shall ensure that the petitioner is arrested immediately and produced before the learned Court of A.C.J.M.-Vth, Kaimur at Bhabhua, District-Kaimur, in connection with Bhagwanpur (Belaon) P.S. Case No. 114 of 2017, registered under Sections 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code, so as to comply with the order of the Hon'ble Apex Court, as aforesaid.

Let a copy of this order be transmitted to the Director General of Police, Bihar, Patna, forthwith for needful compliance.

(Mohit Kumar Shah, J) Tiwary/Saurav U T