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Patna High CourtCR. MISC./77691/2019disposed

Vishal Paswan @ Abhay Kumar Paswan @ Abhay Kumar v. The State Of Bihar

2019-12-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77691 of 2019 In CRIMINAL MISCELLANEOUS No.26141 of 2019 Arising Out of PS. Case No.-996 Year-2016 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== VISHAL PASWAN @ ABHAY KUMAR PASWAN @ ABHAY KUMAR Son of Bhola Paswan Resident of Quarter No. ACC AQ T/8, Block - C, Dixon Road, Railway Quarter, P.S.- Ishakchak, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mahendra Prasad Son of Late Brihaspati Prasad Singh Resident of Bari Keshopur, P.S.- Jamalpur, District - Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2019 This modification application has been filed for modification of order dated 05.07.2019 passed in Cr. Misc. No. 26141 of 2019, by which, the petitioner has been granted the privilege of anticipatory bail and he was directed to surrender in the court below within a period of six weeks. Submission of learned counsel for the petitioner is that due to misconception and wrong impression, the petitioner could not surrender within the time prescribed by the Court and, thus, prayed for modification of order 05.07.2019 passed in Cr. Misc. No. 26141 of 2019.

Heard learned APP also.

Patna High Court CR. MISC. No.77691 of 2019(2) dt.18-12-2019 2/2 Having heard both sides, considering the facts and circumstances, this court is not satisfied with the ground taken by the petitioner for modification of order dated 05.07.2019 passed in Cr. Misc. No. 26141 of 2019. However, if the petitioner surrenders in the court below and make prayer for regular bail, the court below after considering the fact that petitioner was earlier granted the privilege of anticipatory 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 is disposed of.

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