Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79486 of 2019 In CRIMINAL MISCELLANEOUS No.39761 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== RAMESH KUMAR Son of Nandu Rai Resident of Village - Chorma, P.S.- Pakaridayal, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 Heard the parties.

This application has been filed for modification in order dated 17.8.2019 passed in Cr. Misc. No.39761 of 2019, by which the petitioner was granted conditional bail on the submission that he has to appear on 26.8.2019 and on that day the informant has also to remain present but now this application has been filed that he was suffering from Jaundice as such he could not appear and also annexed a certificate of the Doctor along with the petition.

Heard learned APP.

From perusal of the record it appears that the certificate issued by the Doctor is B.A.M.S. certificate and furthermore the date was fixed after consent of the parties in

Patna High Court CR. MISC. No.79486 of 2019(2) dt.22-01-2020 2/2 order to see that the informant will also remain present in the court below and accordingly, it appears that this is only a ploy to defeat the purpose of passing such order.

In such view of the matter, I am not inclined to modify the order dated 17.8.2019 passed in Cr. Misc. No.39761 of 2019.

Accordingly, this modification application is dismissed and the petitioner is directed to surrender and pray for regular bail.

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