Patna High CourtCR. MISC./12761/2018dismissed

Sunil Shekhar v. The State Of Bihar

2018-09-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12761 of 2018 ====================================================== Sunil Shekhar S/o Yudhishthir Mandal, R/o Mohalla- Salehpur, P.S.- Habibpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner seeking modification in the order dated 12.12.2017 passed in Cr. Misc. No.58422 of 2017 whereby the petitioner was directed to be released on bail in the event of arrest or surrender in the court below within six weeks.

It is submitted by the learned counsel for the petitioner that since the petitioner was made accused in ten cases of similar nature and he was not granted bail in other cases, therefore, he could not surrender before the court below within the stipulated period. He submitted that taking into consideration the

Patna High Court Cr.Misc. No.12761 of 2018 (2) dt.26-09-2018 2/2 explanation given by the petitioner the duration for his surrender before the court as directed by this Court in its order dated 12.12.2017 passed in Cr. Misc. No.58422 of 2017 be extended. Learned counsel for the State opposed the prayer made by the petitioner. He submitted that the grounds taken by the petitioner are neither plausible nor should be the reason for the court to modify its earlier order.

I have heard learned counsel for the parties. I see no reason to modify the order passed by this Court earlier. Accordingly this application is dismissed. In case the petitioner surrenders within two weeks from today and seeks bail, the court below shall dispose of the same taking into consideration the fact that this Court had earlier granted him anticipatory bail.

(Ashwani Kumar Singh, J) Md.S./- U T