Patna High CourtCR. MISC./64200/2019disposed

Amar Kumar v. The State Of Bihar

2019-10-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64200 of 2019 In CRIMINAL MISCELLANEOUS No.4190 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== AMAR KUMAR S/O Indradeo Rajak Resident of village- Telauchh, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 This modification application has been filed for modification of order dated 26.3.2019 passed in Cr. Misc. No. 4190 of 2019, by which, the petitioner has been granted the privilege of conditional bail and was directed to surrender in the court below within six weeks from the date of receipt of the order.

Submission of learned counsel for the petitioner is that as the petitioner fell ill, he could not surrender in the court below within the time as prescribed by this court and thus prayed for modification of order dated 26.03.2019 passed in Cr. Misc. No. 4190 of 2019 and for extension of time for surrender in the court below.

Heard learned APP also.

Patna High Court CR. MISC. No.64200 of 2019(2) dt.16-10-2019 2/2 Having heard both sides, I am not satisfied with the ground taken by the petitioner for modification of . Hence, I am not inclined to interfere with the order dated 26.03.2019 passed in Cr. Misc. No. 4190 of 2019, however, if the petitioner surrenders in the court below and make prayer for regular bail, the court below will consider the same on the basis of materials available on record as well as after considering the fact that petitioner was earlier granted the privilege of conditional bail, shall dispose of the prayer of the petitioner for grant of regular bail, if possible on same day, without being prejudiced by this order.

Accordingly, this modification application disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T