Patna High CourtCR. MISC./30329/2016allowed

Ramesh Paswan @ Ramesh Kumar Paswan v. The State Of Bihar

2016-07-27Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30329 of 2016 In Criminal Miscellaneous No.13498 of 2016 ====================================================== Ramesh Paswan @ Ramesh Kumar Paswan son of Late Nand Lal Paswan resident of village- Bairyahi, P.S.-Laukahi,District-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-07-2016 The present application has been filed on behalf of the petitioner for modification of the order dated 08.04.2016 passed in Cr.Misc.No. 13498 of 2016 (Annexure-1), whereby the petitioner was granted anticipatory bail in connection with Phulpras P.S.Case No. 259 of 2015 pending in the court of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani with certain conditions, provided he surrenders in the court below within a period of four weeks from the date of the order.

The learned counsel appearing on behalf of the petitioner submits that on account of illness of sister of the petitioner, who subsequently passed away due to certain disease, the petitioner could not surrender in the court below within the time prescribed by this Court. Therefore, it is pleaded that the period of surrender may be appropriately enlarged, so that the petitioner may get the benefits of the aforesaid order dated 08.04.2016 passed by this Court.

After hearing the parties and taking into consideration the aforesaid submissions as also the averments made in the

Patna High Court Cr.Misc. No.30329 of 2016 (2) dt.27-07-2016 2/2 present application, the prayer for modification is allowed. The order dated 08.04.2016 passed in Cr.Misc.No. 13498 of 2016 (Annexure-1) is modified only to the extent that if the petitioner surrenders in the court below within a period of four weeks from today in connection with aforesaid Phulpras P.S.Case No. 259 of 2015, then he shall be enlarged on bail on the same terms and conditions, which have been indicated in the aforesaid order dated 08.04.2016 passed in Cr.Misc.No. 13498 of 2016 (Annexure-1). The present application stands finally allowed to the extent indicated above.

(Birendra Prasad Verma, J) Tahir/- U T