Phulkant Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.880 of 2020 In CRIMINAL MISCELLANEOUS No.31894 of 2019 Arising Out of PS. Case No.-756 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Phulkant Mishra, Son of Late Madhusudan Mishra, aged about 59 years, male, Residence of C/o Sudhir Kumar Thakur, New Area, Area Combined Building, Choti Khanjarpur, Jagdishpur, P.S.-Adampur, Bhagalpur, Bihar812001. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Gulab Hussain, Son of Late Md. Khalil, District Manager, State Food Corporation, Bhagalpur, Resident of Village-Pet Birechha, P.S-Baraoli, District-Gopalganj.

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

For the Petitioner/s :

Mr. Jyoti Prakash, Adv.

Mr. Neerad Parashar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-07-2020 Heard Mr. Jyoti Prakash, learned Advocate, who has appeared in this case on behalf of the petitioner on the instructions of Mr. Neerad Parashar,

Patna High Court CR. MISC. No.880 of 2020(3) dt.01-07-2020 2/3 learned counsel for the petitioner. Mr. Ram Priya Sharan Singh, learned APP for the State is also present.

This is an application seeking modification of the order dated 08.08.2019 passed in Cr. Misc. No. 31894 of 2019, whereby the petitioner has been granted provisional bail on certain terms and conditions.

It has been submitted on behalf of the petitioner that under some unavoidable circumstances, he could not surrender before the Court below within the stipulated period.

For the reasons stated in the application, the prayer is allowed.

The order dated 08.08.2019 is modified to the extent that if the petitioner/Phulkant Mishra surrenders before the Court below within a period of six weeks from today, he shall be released on provisional bail on the same terms and conditions as laid down in the order dated 08.08.2019.

Patna High Court CR. MISC. No.880 of 2020(3) dt.01-07-2020 3/3 The order dated 08.08.2019 stands modified to the extent indicated above.

The application is allowed.

(Ashutosh Kumar, J) Praveen-II/- U T