Bijendra Risideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18932 of 2015 ====================================================== Bijendra Risideo, Son of Vidyanand Risideo, resident of Village - Khaira Koshkapur, P.S. - Narpatganj, District - Araria (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mritunjay Kumar, Advocate. For the Opposite Party : Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner as well as Additional Public Prosecutor for the State.

The petitioner was granted anticipatory bail by this Court vide order dated 20.08.2013, passed in Cr. Misc. No. 20951 of 2013 with direction to surrender before the court of C.J.M., Araria, in connection with Narpatganj P.S. Case No. 247 of 2012 within four weeks from the above stated order but submission on behalf of the petitioner is that the petitioner was outside the State in connection with his livelihood and the order dated 20.08.2013 passed in Cr. Misc. No. 20951 of 2013 could not be communicated to him and when he came to his home, he learnt about the order dated 20.08.2013 passed in Cr. Misc. No. 20951 of 2013.

Patna High Court Cr.Misc. No.18932 of 2015 (2) dt.22-04-2015 2 / 3 Learned counsel appearing for the petitioner submits that vide order dated 20.08.2013 passed in Cr. Misc. No. 20951 of 2013 almost all persons including the petitioner were granted privilege of anticipatory bail and out of eleven persons except the petitioner almost all eleven persons have already surrendered before the concerned court and so far as the petitioner is concerned, he could not get any information or communication regarding the above stated order dated 20.08.2013 passed in Cr. Misc. No. 20951 of 2013. It is contended by him that the petitioner has already been granted privilege of anticipatory bail on the merits of the case and no purpose will be served if the petitioner is remanded in Narpatganj P.S. Case No. 247 of 2012.

No doubt, the petitioner approached this Court for modification of the order dated 20.08.2013 passed in Cr. Misc. No. 20951 of 2013 after long delay but taking into consideration the above stated submissions, it is ordered that the petitioner must surrender before the C.J.M. Araria/concerned court in connection with Narpatganj P.S. Case No. 247 of 2012 within four weeks from today and if the petitioner does so, the concerned court shall pass an appropriate order in the light of the order dated 20.08.2013 passed in Cr. Misc. No. 20951 of 2013.

In the aforesaid manner, the order dated 20.08.2013 passed

Patna High Court Cr.Misc. No.18932 of 2015 (2) dt.22-04-2015 3 / 3 in Cr. Misc. No. 20951 of 2013 stands modified to the above stated extent and accordingly, this modification petition stands disposed of.

U.K./- (Hemant Kumar Srivastava, J) U T