Disposed

Hari Lal v. State Of Bihar and Anr.

Patna HC9 Apr 2014CR. MISC./7823/2014

Case brief

AI extract

What is this about?

Petitioner challenged rejection of extension of time to surrender after default on anticipatory bail. Court refused to interfere but ordered lower court to consider regular bail application if surrendered within six weeks. Order disposed with observation to discount costs.

What did the court decide?

Ordered that lower court consider regular bail application if petitioner surrenders within six weeks of order receipt; costs to petitioner.

Hari Lal Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7823 of 2014

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====================================================== Hari Lal .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 09-04-2014 Heard learned counsels for the petitioner and the State. The present application has been filed for quashing the order dated 08.01.2014 passed by the learned Sessions Judge, Purnea, in Cr. Misc. No. 94 of 2013 whereby the petitioner’s prayer for extension of time of surrender for furnishing bail bond has been rejected. Since the petitioner was granted anticipatory bail and directed to furnish bail bond within three weeks vide A.B.P. No. 749 of 2011 on 30.05.2011 in Complaint Case No. 2839 of 2008. The petitioner was to surrender and furnish bail bond within three weeks but he failed to surrender. It is submitted by learned counsel for the petitioner that the sale deed executed in 1979-82 was challenged by the complainant in 2008 and considering the civil nature of dispute the

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Patna High Court Cr.Misc. No.7823 of 2014 (3) dt.09-04-2014

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petitioner was granted anticipatory bail with a
direction to surrender within three weeks. It is
submitted that the petitioner went outside to earn
his livelihood hence he could not surrender within
time.

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time.

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Considering the fact that the petitioner was
granted anticipatory bail on 30.05.2011 with a
direction to surrender within three weeks and prayer
for extension of time of surrender was made on
12.12.2013, this Court is not inclined to interfere
but in the interest of justice, the learned court
below will consider the prayer for regular bail of
the petitioner if the petitioner surrenders within a
period of six weeks from the date of receipt or
production of copy of this order keeping in view of
the fact that on merit, the petitioner was granted
anticipatory bail. It is expected from the learned
court below to dispose off the regular bail
application preferably on the same day.

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The application is disposed off with the
aforesaid observation.

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 Let the order be faxed to the learned court
below at the cost of the petitioner.

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U.K./-

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(Dinesh Kumar Singh, J)

Hari Lal v. State Of Bihar and Anr.

Case brief

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Hari Lal v. State Of Bihar and Anr.

Case brief

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