Patna High CourtCR. MISC./9561/2021dismissed

Parmanand Mehta v. The State Of Bihar

2021-07-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9561 of 2021 In CRIMINAL MISCELLANEOUS No.64362 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== PARMANAND MEHTA S/O GURUDEO MEHTA Resident of Mokama, P.S.- Dhamdaha, District- Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr. N. N.Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present application has been filed for modification of the order dated 12.10.2018 passed in Cr. Misc. No. 64362 of 2018 in connection with Barhara P.S. Case No. 76 of 2018. The said order was consented order on the submission of the petitioner. The petitioner was directed to deposit of an amount of Rs. 20,000/- in the Court below which was subjected to final disposal of the case. But the petitioner could not surrender in time. The present modification application has been filed for

Patna High Court CR. MISC. No.9561 of 2021(2) dt.28-07-2021 2/2 modification of the said order making a prayer that the amount of Rs. 20,000/- be modified and period of surrender also be extended.

The present application has been preferred approximately after two and a half years for modification of the order passed in the year 2018. The conduct, on the part of the petitioner, shows that it is an abuse of the process of the Court. Under the circumstances, I find no reason to interfere with the earlier order dated 12.10.2018 passed in Cr. Misc. No. 64362 of 2018.

The application is dismissed.

If the petitioner surrenders in the Court below and prays for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T