Patna High CourtCR. MISC./41254/2018allowed

Sanjeev Kumar v. State Of Bihar And ANR

2018-11-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41254 of 2018 In Criminal Miscellaneous No.26519 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Nalanda ====================================================== Sanjeev Kumar, son of Gulab Chand Mahto, resident of Village- Bari Pahari, P.S.- Laheri, District- Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar Sate Food Corporation through its Managing Director, Patna, Bihar.

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 28-11-2018 This application has been filed for modification of the order dated 19.06.2018 passed in Cr. Misc. No.26519 of 2018 by which petitioner's provisional anticipatory bail has been confirmed in connection with Hilsa P.S. Case No. 68 of 2018 to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda.

It appears that this Court vide order dated 19.06.2018 has confirmed provisional anticipatory bail of the petitioner granted by order dated 08.05.2018 by co-ordinate Bench of this Court. The petitioner's bail bond was not accepted as the petitioner has not complied the order dated 08.05.2018. Counsel for the petitioner submits that petitioner

Patna High Court Cr.Misc. No.41254 of 2018(4) dt.28-11-2018 2/2 could not surrender in the Court in compliance of the order dated 08.05.2018 because petitioner was granted six weeks' time to surrender. In the meantime, petitioner's provisional bail was confirmed by order dated 19.06.2018.

In view of such, three weeks' further time is granted to the petitioner to surrender before the Court below in terms of the order dated 19.06.2018 as well as 08.05.2018 and, in that event, the Court below will release the petitioner on bail in the light of order dated 19.06.2018 as well as 08.05.2018 passed in Cr. Misc. No.26519 of 2018.

This Modification Application is, accordingly, allowed.

(Sanjay Priya, J) J. Alam/- U T