Patna High CourtCR. MISC./77507/2023dismissed

Anil Sahu @ Anil Sah @ Anil Kumar Sah v. The State Of Bihar

2024-01-10Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77507 of 2023 In CRIMINAL MISCELLANEOUS No.33777 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== Anil Sahu @ Anil Sah @ Anil Kumar Sah Son of Ramashish Sah R/o vill - Kamla Road Jaynagar, P.S. - Jaynagar, Distt. - Madhubani ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate.

For the Opposite Party/s :

Mr. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been field for modification of the order dated 14.08.2019, passed in Cr. Misc No. 33777 of 2019, by which the petitioner was granted anticipatory bail in connection with Raj Nagar P.S. Case No. 89 of 2019, pending in the court of learned Additional District and Sessions Judge-II-cum-Special Judge Excise Act, Madhubani, and the petitioner was directed to surrender in the court below within a period of six weeks and to furnish bail bond.

3. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.77507 of 2023(2) dt.10-01-2024 2/3 due to some unavoidable reasons the petitioner could not surrender in the court below within stipulated time. It is prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below.

4. After going through the records of the case, it is evident that the anticipatory bail was granted to the petitioner vide order dated 14.08.2019, passed in Cr. Misc No. 33777 of 2019, by the then Co-ordinate Bench of this Court and the petitioner was directed to surrender in the learned court below within a period of six weeks from the date of granting anticipatory bail i.e., 14.08.2019 and to furnish bail bond but the petitioner could not surrender in the learned court below and furnish bail bond within time and now the petitioner has filed the present modification application on 22.11.2023 after a delay of four years and three months without assigning reasonable cause.

5. Considering the aforesaid facts and circumstances of the case and the fact that the present modification application has been filed on behalf of the petitioner after a delay of six years and eight months, this

Patna High Court CR. MISC. No.77507 of 2023(2) dt.10-01-2024 3/3 Court is not inclined to allow the modification application filed on behalf of the petitioner in connection with Raj Nagar P.S. Case No. 89 of 2019, pending in the court of learned Additional District and Sessions Judge-II-cumSpecial Judge Excise Act, Madhubani.

6. Accordingly, the present modification application stands rejected.

(Chandra Prakash Singh, J) Nilmani/- U T