Nunu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32397 of 2018 ====================================================== Nunu Jha, Son of Late Thakko Jha, Resident of Village- Mahthwar, Police Station- Ghanshyampur, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prafull Chandra Jha, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2018 The present petition has been filed for modification of the order dated 28.02.2018 passed in Cr. Misc. No. 11867 of 2018.

2. A supplementary affidavit has been filed in which a stand has been taken that the petitioner after being released from custody on 09.03.2018 became seriously ill and was under treatment till first week of April, 2018. It is therefore submitted that the work in question could not be completed within the stipulated period of four months in terms of the order dated 28.02.2018 passed in Cr. Misc. no. 11867 of 2018.

3. This Court takes note that despite the petitioner having become fit to join the duty with effect from 07.04.2018, he appears to have taken no steps for start of work in question even thereafter nor filed any application for extension of time before expiry of the stipulated period of four months.

Patna High Court Cr.Misc. No.32397 of 2018 (2) dt.25-07-2018 2/2

4. Learned counsel for the petitioner states that the petitioner has not surrendered in the court despite expiry of stipulated period of four months for which the provisional bail was granted to him.

5. In the above circumstances, the modification petition stands dismissed with a direction to the petitioner to surrender in the court below immediately in connection with Ghanshyampur P.S. Case No. 68 of 2017 (G.R. No. 355 of 2017). (Vikash Jain, J) B.T/Chandran U T