Sunil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5206 of 2016 ====================================================== Sunil Kumar Sah S/O Gopal Sah Resident of village- Choura Perawaha P.S. Forbesganj District Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Prasad Singh, Advocate.

For the Opposite Party : Mr. Satyaverat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.

This petition is filed for modification of the order dated 26.07.2013 passed in Cr. Misc. No. 38070 of 2011. It is submitted that the petitioner was granted anticipatory bail vide order dated 26.07.2013, but the petitioner could not surrender before the court below within four weeks. It appears that the anticipatory bail was granted on 26.07.2016 and the petitioner did not appear in court for more than two years and the petition is filed for modification of the aforesaid order only 30.01.2016. The modification petition itself is filed after two and half years and no satisfactory explanation has been given for not appearing of the petitioner.

Considering the facts aforesaid, I do not find any reason to modify the order dated 26.07.2013 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.5206 of 2016 (2) dt.19-07-2016 2/2 38070 of 2011. Accordingly, this modification petition is dismissed.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that the petitioner has already been granted anticipatory bail. (Prabhat Kumar Jha, J.) KKSINHA/- U T