Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56962 of 2018 Arising Out of PS.Case No. -277 Year- 2014 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Suraj Kumar, son of late Ramchandra Ram, Resident of Village- Korut, P.S.- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s : Mrs. Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 12-09-2018 Heard learned counsel for the petitioner and learned Special PP for the State.

The petitioner has renewed the prayer for anticipatory bail in a case registered for the offences punishable under Sections 323, 341, 307/34 of the Indian Penal Code and Section 3(1) (x) of SC/ST (Prevention of Atrocities) Act.

The prosecution case is that co-accused Ramanand Prasad came to the shop of the informant and purchased some betel and on the demand of price, the accused persons abused and assaulted the informant when the informant was taken to Primary Health Centre and later on the informant succumbed to the injuries.

Earlier the petitioner preferred Cr. Misc. No. 41719 of

Patna High Court Cr.Misc. No.56962 of 2018 (2) dt.12-09-2018 2015 for a prayer for anticipatory bail which was disposed of vide order dated 14.10.2015 with liberty to the learned Court below to consider the prayer for regular bail of the petitioner, if he surrenders within a period of six weeks.

Learned Special PP submits that the present anticipatory bail application is not maintainable under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act. However, learned counsel for the petitioner confines his prayer only to the extent of extending the period of surrender. In view of the confined prayer of the learned counsel for the petitioner, the present anticipatory bail application is being treated as an application for modification of order dated 14.10.2015 passed in Cr. Misc. No. 41719 of 2015 and accordingly, the period of surrender is extended by four weeks from the date of receipt/production of the copy of this order in connection with Chandi P.S. Case No. 277 of 2014 pending in the Court of learned Chief Judicial Magistrate, Nalanda at Biharsharif. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T