Patna High CourtCR. MISC./19805/2017disposed

Santosh Kumar Sharma @ Santosh Thakur v. The State Of Bihar

2017-04-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19805 of 2017 ====================================================== Santosh Kumar Sharma @ Santosh Thakur, Son of Bindeshwer Thakur, resident of Village- Parsauni, P.S. Bisfi (Patouna), District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2017 Heard.

The present application has been filed for modification of the order dated 26.02.2015 passed in Criminal Miscellaneous No.7695/2015 whereby the petitioner along with co-accused Baua Jee Thakur and Bindeshwer Thakur have been granted anticipatory bail in a case registered for the offences punishable under sections 341, 354, 504, 406, 379/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by learned counsel for the petitioner that the petitioner was granted anticipatory bail on 26.02.2015, but since the petitioner was working outside the State he could not surrender.

It appears that the present application has been filed

Patna High Court Cr.Misc. No.19805 of 2017 (2) dt.26-04-2017 2/2 on 20.04.2017 for modification of the order dated 26.02.2015 much after expiry of the period of two years, hence, this Court is not inclined to entertain the modification application. Since the petitioner was granted provisional bail on merit, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Bisfi (Patauna) P.S. Case No.53/2013, pending before the learned Judicial Magistrate, 1st Class, Madhubani.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T