Patna High CourtCR. MISC./50853/2022rejected

Rishi Kumar Pandey v. The State Of Bihar

2022-10-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50853 of 2022 In CRIMINAL MISCELLANEOUS No.17216 of 2014 Arising Out of PS. Case No.-24 Year-2013 Thana- MAHILA P.S. District- Patna ====================================================== RISHI KUMAR PANDEY S/O NAGESWAR PANDEY Resident of Anant Shah Ki Thakurbari, Kadamkuan, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-10-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard the learned counsel for the petitioner as well as the learned APP for the State.

The present application has been filed for modification of the order dated 28-01-2015, passed in Cr.Misc. No. 17216 of 2014, by which the petitioner was granted anticipatory bail. The petitioner was granted anticipatory bail on 28-012015 in Cr.Misc. 17216 of 2014. He was directed to surrender before the Court below within six weeks from that order and was directed to be released on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.50853 of 2022(2) dt.12-10-2022 2/2 petitioner could not surrender before the Court below as he was not aware of the fact that he was granted anticipatory bail. The petition for extension of time has been filed after seven years of grant of anticipatory bail. The trial has lingered for a considerable long duration due to non-appearance of the petitioner. Considering the above-mentioned facts and circumstances, the petition for modification is rejected. If the petitioner surrenders and seeks regular bail before the Court below, he shall consider his regular bail petition on merit. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) prabhat/-HR U T