Nityanand Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56245 of 2019 In CRIMINAL MISCELLANEOUS No.13248 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== NITYANAND ROY Son of Ghuran Roy Resident of Village- Khushkibagh, Babu Para, P.S.- Sadar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This application has been filed for modification of the order dated 3.5.2019 passed in Cr.Misc.No. 13248 of 2019 by which petitioner was granted privilege of anticipatory bail and he was directed to surrender within a period of six weeks. Submission of learned counsel for the petitioner is that petitioner is an old aged person and as he had gone for operation of his eye cataract he could not surrender within the time and he is ready to surrender if one week's time is allowed to him.

Heard learned APP also.

In the above facts and circumstances, I am not satisfied with the explanation, as such I am not inclined to interfere with the earlier order passed by this Court. However, if

Patna High Court CR. MISC. No.56245 of 2019(2) dt.04-09-2019 2/2 petitioner surrenders within a reasonable time and prays for regular bail, learned court below shall considered this aspect of the matter that he was granted anticipatory bail but inadvertently he could not surrender and pass an appropriate order, if possible, on the same day.

With the above observation, this application is disposed of.

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