Patna High CourtCR. MISC./71972/2024withdrawn

Sonu Kumar v. The State Of Bihar

2024-09-27Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71972 of 2024 In CRIMINAL MISCELLANEOUS No.41659 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Sonu Kumar, son of Late Sikandar Mahto @ Late Sikindra Mahto village - Vishanpur Aadhar @ Vishnupur Adhar @ Bishanpur Adhar, P.S. - Kanhauli, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The Court is taking a consisting view of not extending the period of surrender, in the event, if the accused has not surrendered within the time stipulated in the order by which the anticipatory bail application was granted to the petitioner.

3. The learned counsel for the petitioner submits that the instant modification application has been filed seeking modification of the order dated 22.07.2024 in Cr. Misc. No.41659 of 2024 on the ground that anticipatory bail was granted to the petitioner on the condition that one of the bailors of the petitioner shall be his father, but then, inadvertently in Cr.

Patna High Court CR. MISC. No.71972 of 2024(2) dt.27-09-2024 2/3 Misc. No.41659 of 2024, the word "Late" was not prefixed before the name of the father of the petitioner, thus prayed that the said condition be modified.

4. The Court initially on hearing the learned counsel appearing on behalf of the petitioner was inclined to accede to the prayer made by the learned lawyer, but then, it was pointed out by the learned A.P.P., that the instant modification application though has been filed seeking modification of the condition of grant of anticipatory bail, but then, in sum and substance, the modification application has been filed seeking extension of time. It is also submitted by the learned A.P.P. that the Court is taking a consistent view not to extend the time of surrender, if accused has not surrendered within the time stipulated in the order granting anticipatory bail to the accused.

5. The learned A.P.P. further submits that petitioner was granted the privilege of anticipatory bail by order dated 22.07.2024 and he had to surrender within a period of six weeks and the last date of surrender is 02.09.2024 and the instant modification application has been filed after 02.09.2024. It is thus submitted that it absolutely does not stand to reason that why petitioner moved at such a belated stage when he was aware that his father has already died in the Year 2019. The learned

Patna High Court CR. MISC. No.71972 of 2024(2) dt.27-09-2024 3/3 A.P.P. thus submits that this cast an aspersion on the conduct of the petitioner.

6. At this stage, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the modification application.

7. Permission is accorded.

8. Accordingly, instant petition is dismissed as withdrawn.

(Satyavrat Verma, J) vikash/- U T