Single judge rejected the petitioner's application for extension of time to surrender, noting he failed to comply with a prior order after five years. Directs removal of document defects.
Rejected the prayer for extension of time for surrender; directed removal of defects within one month.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8972 of 2022
In
CRIMINAL MISCELLANEOUS No.17718 of 2017
Arising Out of PS. Case No.-543 Year-2016 Thana- KISHANGANJ District- Kishanganj
====================================================== RAJU @ MD. RAJU S/o Firoj Residet of Bhadal, P.S.- Danghar, DistrictBangpat (U.P.)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Singh For the Opposite Party/s : Mr.Yogendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 06-07-2022
Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
The petitioner was granted anticipatory bail in Cr. Misc. No. 17718 of 2017 vide order dated 25.04.2017. At the time of granting bail the coordinate Bench directed the petitioner to surrender within a period of six weeks. The petitioner did not surrender within the stipulated period and thereafter he filed a modification petition i.e. Cr. Misc No. 41966 of 2017 for the extension of time of his surrender. That criminal miscellaneous petition was disposed of vide order dated 06.09.2017, mentioning therein that this Court is not inclined to interfere with the above order and it was also observed that, however, if the petitioner surrenders before the learned court below and makes prayer for regular bail, the learned lower court will
Patna High Court CR. MISC. No.8972 of 2022(2) dt.06-07-2022 2/2
consider this aspect of the matter and will pass appropriate order.
Even after passing of the order dated 06.09.2017, the petitioner did not obey the order of this Court and did not surrender before the court below and after five years he is filing this petition for extension of time of his surrender which is not possible. Accordingly, it is rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
SONALI/- U T
1 issue framed by the court
Whether the petitioner is entitled to extension of time for surrender after a lapse of five years without complying with previous directions.
Raju @ Md. Raju
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
