Rohit Sah @ Anuj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 76564 of 2025 In CRIMINAL MISCELLANEOUS No.70964 of 2023 Arising Out of PS. Case No.-298 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Rohit Sah @ Anuj Sah S/O Ram Haresh Prasad Resident Of VillageFatehpur, Ps- Siwan Town, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-11-2025 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor for the State.

2. The present modification application has been filed for modification (extension of time) of order dated 07.11.2023 passed in Cr. Misc. No. 70964 of 2023.

3. Learned counsel for the petitioner submits that pursuant to the order dated 07.11.2023, the petitioner did not surrender before the learned Court below within stipulated period.

4. Learned counsel for the State on the other hand has vehemently opposed the prayer of the modification application of the petitioner and submits that the petitioner has been granted the privilege of anticipatory bail vide order dated 07.11.2023 and almost after lapse of two years, he has chosen to file the present

Patna High Court CR. MISC. No. 76564 of 2025(2) dt.07-11-2025 2/2 modification application which suggest that the petitioner did not honour the order of this Court and he has filed the present modification application without stating anything that why he has not surrendered within stipulated period. The petitioner has stated that he had gone outside the State of Delhi for earning his livelihood but he has not stated on which date he had gone outside the State and on which date he has returned back in the State of Bihar and he has not stated anywhere in the modification application that the learned counsel for the petitioner has informed him or not about the order dated 07.11.2025.

5. Considering the aforesaid facts, it appears that the petitioner has intentionally not surrendered before the learned Court below as stipulated in the order dated 07.11.2023 and he has chosen to file the present application after almost two years from the order dated 07.11.2023.

6. Hence there is no merit in the present modification application. The same stands dismissed.

(Rajesh Kumar Verma, J) Suruchi/- U T