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Patna High CourtCR. MISC./61231/2019dismissed

Arun Singh @ Arun v. The State Of Bihar

2019-10-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61231 of 2019 In CRIMINAL MISCELLANEOUS No.77279 of 2018 Arising Out of PS. Case No.-94 Year-2018 Thana- PANCHRUKHI DistrictSiwan ====================================================== ARUN SINGH @ ARUN Son of Yugul Singh @ Yugul Kishor Singh @ Yugal Kishor Resident of Village- Vihar Buzurg, P.S.- Patah Rekha, DistrictKushinagar, State- Uttar Pradesh. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sharda Nand Mishra, Advocate.

For the Opposite Party:

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed for modification of the order dated 24.01.2019 passed in Cr. Misc. No. 77279 of 2018.

3. Learned counsel for the petitioner submits that by order dated 24.01.2019, the petitioner was granted anticipatory bail with a direction to surrender within a period of six weeks. However as he was suffering from illness and was admitted to the District Combined Hospital, Kushinagar and for this reason he could not surrender before the learned Court below within the stipulated period.

Patna High Court CR. MISC. No.61231 of 2019(3) dt.16-10-2019 2/2

4. Considering the vague submission made as above, the petitioner was directed to file supplementary affidavit for which he sought two weeks' time and the same has now been filed. From the supplementary affidavit however it appears that the petitioner was treated at District Combined Hospital, Kushinagar in the Out Patient Department on 09.02.2019 (Annexure-2 series). The petitioner has not been able to satisfy this Court about the correctness of the statement made about the petitioner being admitted in hospital and that too for a duration which prevented him from surrendering within the stipulated period of such sick.

5. In the above circumstances, this Court is not inclined to modify the order dated 24.01.2019 passed in Cr. Misc. No. 77279 of 2018. The petition stands dismissed. (Vikash Jain, J) Ibrar//- U T