Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45945 of 2019 In CRIMINAL MISCELLANEOUS No.1255 of 2019 Arising Out of PS. Case No.-535 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

MANOJ KUMAR YADAV Son of Paras Rai Resident of Village- Katha, P.S.- Muffasil, District- East Champaran.

2.

Bhagya Narain Yadav Son of Late Ramdayal Rai Resident of VillageLoknathpur, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 This modification application has been filed for modification of order dated 18.01.2019 passed in Cr. Misc. No. 1255 of 2019, by which, the petitioners have been granted the privilege of anticipatory bail.

Submission of learned counsel for the petitioners is that due to some unavoidable circumstances, petitioner no. 2 could not surrender within the time prescribed by this court and thus prayed for modification of order dated 18.01.2019 passed in Cr. Misc. No. 1255 of 2019 Heard learned APP also.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.45945 of 2019(2) dt.31-07-2019 2/2 circumstances, I am not inclined to interfere with the 18.01.2019 passed in Cr. Misc. No. 1255 of 2019, however, if the petitioner no. 2 surrenders in the court below and make prayer for regular bail, the court below after considering the fact that petitioner no. 2 was earlier granted the privilege of anticipatory bail, shall dispose of the prayer of the petitioner no. 2 for grant of regular bail, if possible on same day, without being prejudiced by this order.

Accordingly, this modification application disposed of.

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