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Patna High CourtCR. MISC./54073/2019dismissed

Arjun Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54073 of 2019 In CRIMINAL MISCELLANEOUS No.77597 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

ARJUN SINGH Son of Late Dukhi Singh Resident of Village-Ahiyapur, Police Station-Barbigha, District-Sheikhpura. 2.

Kalyani Devi Wife of Arjun Singh Resident of Village-Ahiyapur, Police Station-Barbigha, District-Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This modification application has been filed for modification of order dated 12.04.2019 passed in Cr. Misc. No. 77597 of 2018, by which, the petitioners have been granted the privilege of anticipatory bail.

Submission of learned counsel for the petitioners is that due to unforeseen circumstanced, the petitioners could not surrender in the court below as per the direction of this Court and thus prayed for modification of order dated 12.04.2019 passed in Cr. Misc. No. 77597 of 2018 and for extension of time.

Heard learned APP also.

Having heard both sides, considering the fact

Patna High Court CR. MISC. No.54073 of 2019(2) dt.28-08-2019 2/2 circumstances of the case, I am not inclined to modify the order dated 12.04.2019 passed in Cr. Misc. No. 77597 of 2018, however, if the petitioners surrender in the court below and make prayer for regular bail, the court below after considering the fact that petitioners were earlier granted the privilege of anticipatory bail, shall dispose of the prayer of the petitioners for grant of regular bail, if possible on same day, without being prejudiced by this order.

Accordingly, this modification application is dismissed.

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