Dashrath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76402 of 2018 In Criminal Miscellaneous No.61288 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Araria ====================================================== Dashrath Sah S/o Ramdeo Sah R/o Village-Kauwakoh,Ward No.4 P.S. Sikty (Bardaha O.P.) Distt.-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This modification petition has been filed for modification in order dated 8.10.2018 passed in Cr.Misc. No. 61288 of 2018.

Learned counsel appearing for the petitioner, namely, Dashrath Sah, points out that petitioner and two others were granted privilege of anticipatory bail by this Court vide order dated 8.10.2018 passed in Cr.Misc. No. 61288 of 2018 with direction to surrender before the court of Sri S.K. Sharma, learned Judicial Magistrate, 1st Class, Araria/concerned court in Sikty (Bardaha) P.S. Case No. 48 of 2018 within four weeks from the date of receipt of the aforesaid order to the court concerned, but due to some unavoidable circumstances, as the aforesaid order could not be communicated to the petitioner in

Patna High Court Cr.Misc. No.76402 of 2018(2) dt.19-12-2018 2/2 time, the petitioner could not surrender before the court within the period as stipulated by this Court vide order dated 8.10.2018. It is further submitted that petitioner wants to surrender before the concerned court and, therefore, the period for surrender should be extended.

In view of the aforesaid submission, petitioner is directed to surrender before the above-stated court in connection with above-stated Sikty (Bardaha) P.S. Case No. 48 of 2018 within four weeks from the date of receipt of this order and if petitioner does so, the concerned court shall pass appropriate order in the light of the order dated 8.10.2018 passed in Cr.Misc. No. 61288 of 2018.

In the aforesaid manner, the above-stated order dated 8.10.2018 passed in Cr.Misc. No. 61288 of 2018 stands modified to the above-stated extent and this modification petition stands disposed of.

(Hemant Kumar Srivastava, J) Spd/- U T