The High Court modified an antecedent anticipatory bail order, directing the petitioner to file a petition under Section 317 Cr.P.C. and ensure physical presence as required by the court below.
Modification of the antecedent anticipatory bail order to require filing a petition under Section 317 Cr.P.C. and physical presence.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24754 of 2019
In
CRIMINAL MISCELLANEOUS No.28320 of 2017
Arising Out of PS. Case No.-102 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas
======================================================
VISHWALOK SINGH Son of Sri Ram Balak Singh Resident of Village - Bhopatpur, P.O.- Bensagar, P.S.- Karakat (Gorari), District- Rohtas
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Surendra Kumar Mishra For the Opposite Party/s : Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
order dated 18.07.2017 passed in Cr. Misc. No. 28320/2017, by which petitioner has been granted anticipatory bail in connection with Complaint Case No.102/2016 to the satisfaction of learned S.D.J.M., Bikramganj, Rohtas.
Learned counsel for the petitioner has submitted that the petitioner is serving in ITB Police MHA (Govt. of India) since 08.07.2007 and presently posted in 54th Bn ITBP Force, Ita Nagar, Arunachal Pradesh. Certificate has been issued by Assistant Commandant. Copy of service certificate of petitioner is annexed as Annexure-2.
Patna High Court CR. MISC. No.24754 of 2019(2) dt.24-04-2019 2/2
It has been further submitted that petitioner is finding difficulty in appearing in Court on each and every date fixed by the court as directed by the Hon’ble Court.
In view of such, order dated 18.07.2017 passed in Cr. Misc. No. 28320/2017 is modified to the extent that petitioner shall file necessary petition in the court below under Section 317 Cr.P.C. The court below shall pass appropriate order on such petition in accordance with law.
The petitioner will remain present physically on the dates as and when required by court below.
This Modification Petition is accordingly allowed.
(Sanjay Priya, J)
rakhi/-
U T
1 issue framed by the court
Whether the antecedent anticipatory bail order should be modified to require appearance under Section 317 Cr.P.C.
Vishwalok Singh
The State of Bihar
Modan Pasi
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
