This order rejects a modification petition seeking to exercise anticipatory bail granted to another accused, due to the petitioner's failure to appear and significant delay in filing.
Petitioner's petition for modification of anticipatory bail order dated 02.02.2015 was rejected.
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Patna High Court Cr.Misc. No.32290 of 2016 (2) dt.26-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32290 of 2016 ====================================================== 1. Pankaj Kumar Pandey, Son of Brij Mohan Pandey, Resident of VillagePachbenia, P.S. Asaon, District- Siwan. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 26-11-2016 Heard both sides. 2. The petitioner filed this petition for modification of the order dated 02.02.2015 passed in Cr. Misc. No. 4257 of 2015. 3. It appears that the petitioner and Rajesh Kumar Pandey, granted anticipatory bail vide order dated 02.02.2015 passed in Cr. Misc. No. 4257 of 2015. Rajesh Kumar Pandey appeared in the Court in pursuance of the aforesaid order and he was enlarged on bail but the petitioner could not appear in Court. 4. Mr. Jagnnath Singh, learned counsel for the petitioner submits that the petitioner went to foreign country for a job and, therefore, he could not surrender before the Court in pursuance of the order passed on 02.02.2015 granting the petitioner anticipatory bail but the petition for modification of the aforesaid order was
Patna High Court Cr.Misc. No.32290 of 2016 (2) dt.26-11-2016
filed only on 01.08.2016 i.e. after one and half years and no satisfactory reason has been assigned for not surrendering the petitioner in the court below for such a long time.
Brajesh/-
U T
(Prabhat Kumar Jha, J)
2 issues framed by the court
Whether the modification petition for anticipatory bail order should be allowed despite the petitioner's failure to appear in court and delayed filing.
Whether the petitioner's absence due to going to a foreign country constitutes a satisfactory reason for not surrendering when relief was granted to another accused in the same matter.
Pankaj Kumar Pandey
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
