Patna High CourtCR. MISC./53799/2019allowed

Gautam Thakur @ Gautam Kumar @ Guddu v. The State Of Bihar

2019-08-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53799 of 2019 In CRIMINAL MISCELLANEOUS No.41578 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== GAUTAM THAKUR @ GAUTAM KUMAR @ GUDDU Son of Vishwanth Thakur Resident of Village - Chakka Rasalpur ward No. 6, P.S.- Dumra, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This modification application has been filed for modification of order dated 05.07.2019 passed in Cr. Misc. No. 41578 of 2019, by which, the prayer for grant of anticipatory bail of the petitioner was disposed of and he was granted conditional bail with direction to him to surrender in the court below by 16.07.2019.

Submission of learned counsel for the petitioner is that the 12.07.2019 passed in Cr. Misc. No. 42820 of 2019 has been communicated in the court below only on 16.07.2019, the date on which, as per the direction of this Court, the petitioner had to surrender and due to some confusion, the petitioner could not surrender on 16.07.2019 and thus prayed for

Patna High Court CR. MISC. No.53799 of 2019(2) dt.28-08-2019 2/2 modification of order dated 05.07.2019 passed in Cr. Misc. No. 41578 of 2019 and for extension of time to surrender. Heard learned APP also.

Having heard both sides, considering the submission of learned counsel for the petitioner as well as the averments made in modification application, let order dated 05.07.2019 passed in Cr. Misc. No. 41578 of 2019 is modified to the extent that further two weeks' time from the date of receipt of a opy of this order in the court below, is allowed to the petitioner to surrender in the court below. All other conditions mentioned in the order dated 05.07.2019 passed in Cr. Misc. No. 41578 of 2019 shall remain intact.

Accordingly, this modification application is allowed. Let a copy of this order be communicated to the concerned court below forthwith.

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