Patna High CourtCR. MISC./56084/2019disposed

Upendra Yadav v. The State Of Bihar

2019-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56084 of 2019 In CRIMINAL MISCELLANEOUS No.79885 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

UPENDRA YADAV Son of Surendra Yadav Resident of Village-Thengo Tola, Nonia Bigha, P.S-Navinagar, District-Aurangabad. 2.

Pramod Yadav Son of Surendra Yadav Resident of Village-Thengo Tola, Nonia Bigha, P.S-Navinagar, District-Aurangabad. 3.

Anil Yadav Son of Late Saheb Yadav Resident of Village-Thengo Tola, Nonia Bigha, P.S-Navinagar, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This application has been filed for modification of the order dated 25.2.2019 only with respect to petitioner Nos. 1, 2 & 4 by which they along with others have been granted privilege of anticipatory bail and they were directed to surrender within a period of six weeks but they could not surrender. Submission of learned counsel for the petitioners is that as petitioners had gone outside for earning their livelihood they could not surrender.

Heard learned APP and perused the record from which it appears that the order was passed on 25.2.2019 and petitioners were directed to surrender within a period of six

Patna High Court CR. MISC. No.56084 of 2019(2) dt.04-09-2019 2/2 weeks but they have not surrendered within the time and now after almost six months of the order being passed they have come for extension of the time.

In the above facts and circumstances, I am not inclined to interfere with the earlier order. However, if petitioners surrender and pray for regular bail, the same swhall be considered keeping in view the fact that they were granted anticipatory bail by this order and they could not appear and disposed of the bail application, if possible, on the same day. With the above observation, this application is disposed of.

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