Petitioner sought modification of a 2015 anticipatory bail order after seven years of non-compliance. Court rejected the prayer due to delay and absence, directing removal of defects.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26051 of 2021
In
CRIMINAL MISCELLANEOUS No.9278 of 2015
Arising Out of PS. Case No.-83 Year-2013 Thana- SABAUR District- Bhagalpur
======================================================
WAKIL YADAV Son of Chattu Yadav, Resident of Village- Mirjapur, P.S.Sabour, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Uma Kant Mishra For the Opposite Party/s : Mr.Uday Chand Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 03-08-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
This application has been filed for modification of order dated 19.05.2015 passed in Cr. Misc. No. 9278 of 2015.
The present petitioner along with co-accused Dharmendra Yadav and Rajendra Yadav was granted anticipatory bail in the year 2015, seven years back, vide order dated 19.05.2015 in Cr. Misc. No. 9278 of 2015. Rest two petitioners, namely, Dharmendra Yadav and Rajendra Yadav appeared before the Officer Incharge of Sabour Police Station in compliance of order dated 19.05.2015 and their bail bonds were accepted.
Patna High Court CR. MISC. No.26051 of 2021(2) dt.03-08-2022 2/2
As submitted by the learned counsel for the petitioner, the petitioner appeared before the Officer Incharge of Sabour Police Station on two dates in compliance of the order mentioned above, but his bail bond was not accepted.
The petitioner was granted anticipatory bail in the year 2015, vide above-mentioned order, two weeks’ time was granted to appear before the Officer Incharge of Sabour Police Station, Bhagalpur, but the petitioner could not appear. As per submission of the petitioner, his bail bond was not accepted and he files the present petition for modification of the order dated 19.05.2015 after seven years, but due to non-appearance of the petitioner, the trial/investigation was delayed for considerable long duration. As such, the prayer for modification of order dated 19.05.2015 is rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
Mahesh/- U T
2 issues framed by the court
Whether to modify the order dated 19.05.2015 granting anticipatory bail and reject the prayer for modification filed seven years later.
Whether the petitioner's failure to appear and comply with bail conditions warrants rejection of the modification prayer.
Wakil Yadav
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
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