Patna High CourtCR. MISC./46750/2019disposed

Shyam Sundar @ Shyam Sundar Rai v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46750 of 2019 In CRIMINAL MISCELLANEOUS No.20641 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- SAHPUR District- Patna ====================================================== SHYAM SUNDAR @ SHYAM SUNDAR RAI S/o- Late Jitan Rai Resident of Village- Shivala, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ Manu For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 This modification application has been filed for modification of order dated 08.05.2019 passed in Cr. Misc. No. 20641 of 2019, by which, the petitioner has been granted the privilege of anticipatory bail.

Submission of learned counsel for the petitioner is that he was suffering from paralysis and due to which, the petitioner could not surrender in time. Learned counsel for the petitioner has also shown some medical prescriptions. Heard learned APP also.

Having heard both sides, considering the fact that the order has been passed on 08.05.2019 and at the time of grant of anticipatory bail no such prayer was made that petitioner was suffering from paralysis. Hence, I am not inclined to interfere

Patna High Court CR. MISC. No.46750 of 2019(2) dt.31-07-2019 2/2 with the order dated 08.05.2019 passed in Cr. Misc. No. 20641 of 2019, however, if the petitioner surrenders in the court below and make prayer for regular bail, the court below after considering the fact that petitioner was earlier granted the privilege of anticipatory bail, shall dispose of the prayer of the petitioner for grant of regular bail, if possible on same day, without prejudice by this order.

Accordingly, this modification application disposed of.

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