Patna High CourtCR. MISC./23222/2024disposed

Vikash Kumar @ Vikash Sah v. The State Of Bihar

2024-05-03Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23222 of 2024 In CRIMINAL MISCELLANEOUS No.42058 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== VIKASH KUMAR @ VIKASH SAH SON OF PRAMOD SAH RESIDENT OF VILLAGE - MADHUBANI, P.S. - SAHIYARA, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-05-2024 Heard the parties.

2. In this case, on 02.08.2023, the three petitioners were granted anticipatory bail in 42058 of 2023.

3. One of them Vikash Kumar @ Vikash Sah after three months preferred Cr. Misc. No. 73942 of 2023 stating that in the bail application, the police station case number as also the home address were wrongly typed making him unable to surrender. Though, the said petition was preferred after three months whereas the surrender time was only four weeks, taking lenient view, the same was allowed and the surrender period was further extended for four weeks.

4. Four months later, in came, another modification petition on his behalf now with a prayer that condition No. 1 relating to bailor being the family member be modified.

Patna High Court CR. MISC. No.23222 of 2024(2) dt.03-05-2024 2/2

5. Learned counsel for the petitioner submits that some of the contents in the present petition has been wrongly incorporated, he is referring to paragraph-6, and in that background, prays for withdrawal of the petition.

6. Permission accorded.

7. The present Cr. Misc. No. 23222 of 2024 stands dismissed as withdrawn.

8. In that background, the Cr. Misc. No. 42058 of 2023 by which anticipatory bail was granted to the petitioner also becomes infructuous so far as relief granted to the petitioner No. 1 Vikash Kumar @ Vikash Sah is concerned.

9. In that background, he is well advised to surrender within four weeks from today failing which the S.P., Sitamarhi shall take immediate steps for his arrest and a report to be sent to this Court after two months.

10. List under the heading 'To be Mentioned' on 8th of July, 2024 to peruse the report of the S.P. Sitamarhi. (Rajiv Roy, J) Adnan/- U T