Suldhan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58980 of 2019 In CRIMINAL MISCELLANEOUS No.45515 of 2018 Arising Out of PS. Case No.-258 Year-2017 Thana- PIRO District- Bhojpur ====================================================== Suldhan Pandey, Son of Rajendra Pandey, Resident of Village- Piro, P.S.- Piro, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 This application has been filed for modification of the order dated 13.08.2018 passed in Criminal Misc. No. 45515 of 2018 by a Co-ordinate Bench of this Court on the ground that petitioner could not surrender within the period of six weeks from the date of order, as directed by the Co-ordinate Bench. Further submission of the learned counsel for the petitioner is that he is ready to surrender, if some reasonable time is granted to the petitioner. There is no specific allegation against him.

Heard learned APP also.

Having heard both sides, considering the fact that bail application of the petitioner was allowed by a Co-ordinate Bench of this Court on 13.08.2018 and now after a lapse of one year, the petitioner has come for modification of the above said

Patna High Court CR. MISC. No.58980 of 2019(2) dt.18-09-2019 2/2 order, in such view of the matter, I am not inclined to interfere with the earlier order passed by a Co-ordinate Bench of this Court. However, if the petitioner surrender before the learned court below and pray for regular bail, the learned court below shall consider the aforesaid aspect of the matter that earlier anticipatory bail was allowed to the petitioner, but he could not surrender within the time specified in the order, considering the same, he will dispose of the bail application of the petitioner on the same day.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T