In a criminal miscellaneous matter, the Patna High Court extended the period of surrender for the petitioner granted anticipatory bail under Section 438(2) Cr.P.C., allowing an additional three weeks from the date of the order due to personal difficulties preventing earlier surrender.
Period of surrender extended for three weeks from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.9174 of 2018 (2) dt.14-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9174 of 2018
====================================================== Ramjee Sharma, S/o Late Idnrashan Sharma, R/o Village- Ganauli, P.S.Balmikinagar, District- West Champaran.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate. For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 14-03-2018 Heard learned counsel for the petitioner and the learned counsel for the State.
This application has been filed by the petitioner for modification in the order dated 03.07.2017 passed in Criminal Misc. No. 5695 of 2017 by this court with regard to extend the period of surrender of the petitioner in the court below.
Learned counsel for the petitioner submits that vide order dated 03.07.2017 passed in Criminal Misc. No. 5695 of 2017, the petitioner was granted anticipatory bail, in the event of arrest or surrender before the court below, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Bagha, West Champaran, in connection with Complaint Case No. C-702 of
Patna High Court Cr.Misc. No.9174 of 2018 (2) dt.14-03-2018
2015, subject to the conditions laid down under Section 438(2) Cr.P.C. But the petitioner could not surrender within the stipulated period due to personal difficulties. In that view of the matter, learned counsel for the petitioner prays for extension of period of surrender of the petitioner in the court below.
Considering the submission of the learned counsel for the petitioner, the period of surrender of the petitioner in connection with the aforesaid case in the court below is further extended for three weeks from today and this applications is, accordingly, allowed with the aforesaid modification in the order dated 03.07.2017 passed in Criminal Misc. No. 5695 of 2017.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the period of surrender for extension of anticipatory bail should be extended due to personal difficulties faced by the petitioner.
1 provisions across 1 enactments
Ramjee Sharma
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
