Divesh Thakur @ Bibesh Kumar @ Bibesh Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3314 of 2017 ====================================================== Divesh Thakur @ Bibesh Kumar @ Bibesh Thakur, son of Jai Mangal Thakur, Resident of Village- Mahuahi Murshidabad, P.S.- Ghorasahan, District- East Champaran.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Yogendra Rai alias Jogendra Rai, Son of Late Bhukhlal Rai, Resident of VillageMahuahi, Mursidabad, P.S.- Ghorasahan, DistrictEast Champaran.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar No.Iii, Advocate.
For the Opposite Parties : Mr. Sanjay Kumar Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-02-2017 Heard both sides.
The petitioner filed this petition for modification of the order dated 20.05.2016 passed in Cr. Misc. No. 20800 of 2016 to extend the period of surrendering of the petitioner. It appears that four persons were granted anticipatory bail vide order dated 20.05.2016 passed in Cr. Misc. No. 20800 of 2016. Other three persons have already been enlarged on bail as they surrendered in time, but the petitioner could not surrender in court in time.
Learned counsel for the petitioner submits that the petitioner went to Haryana and, therefore, he could not surrender in court in time, but I find that Cr. Misc. No. 20800 of 2016 was
Patna High Court Cr.Misc. No.3314 of 2017 (2) dt.22-02-2017 2/2 filed on 09.05.2016 and on 20.05.2016 all the four petitioners were granted anticipatory bail and after more than seven months the petitioner filed petition to extend the period of surrendering of the petitioner.
Considering the facts aforesaid, I do not find any justification for extending the time to permit the petitioner to surrender in the court. Accordingly, the modification petition is dismissed.
(Prabhat Kumar Jha, J.) KKSINHA/- U T