Rajiv Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26805 of 2016 ====================================================== Rajiv Singh, son of Natthu Singh, resident of village + P.S. Sare, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-07-2016 The present application under Section 482 of the Criminal Procedure has been filed for restoration of Cr.Misc. No. 17631 of 2016, which stood dismissed for want of prosecution on 27th April, 2016.

In the aforesaid Cr.Misc. No. 17631 of 2016, the prayer of the petitioner was for modification of the order dated 18.01.2016 passed in Cr.Misc. No. 2110 of 2016 by which the petitioner was directed to be released on bail in the event of arrest or surrender before the court below within six weeks. In my view, the application is misconceived. In case the petitioner is interested in modification of the order by which he was granted pre-arrest bail, he ought to have filed a fresh application for modification of the aforesaid order dated 18.01.2016 and not an application for restoration of the

Patna High Court Cr.Misc. No.26805 of 2016 (2) dt.14-07-2016 2/2 modification application filed earlier.

Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T