An applicant sought modification of an order to extend the period for surrender under an anticipatory bail order due to health issues and residence in Mumbai. The court rejected the petition citing unsatisfactory reasons and the four-year lapse.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8918 of 2023
In
CRIMINAL MISCELLANEOUS No.28655 of 2019
Arising Out of PS. Case No.-4 Year-2018 Thana- RAHIKA District- Madhubani
====================================================== Bishambhar Yadav S/O Late Batuk Yadav R/v- Dumri, P.S.- Rahika, DistrictMadhubani
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Bharti For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 22-03-2023
This application has been filed for modification of order dated 01.05.2019 passed in Cr. Misc. No. 28655 of 2019 for extension of period of surrender.
Learned counsel for the petitioner has submitted that earlier petitioner and four others were granted anticipatory bail by order dated 01.05.2019 passed in Cr. Misc. No. 28655 of 2019, whereby petitioner was directed to surrender before the court below within a period of six weeks from the date of the order, but petitioner could not surrender within time, as he was living in Mumbai and was suffering from serious ailment.
In view of the unsatisfactory reason assigned in the petition and the fact that after lapse of approximately four years this modification petition has been filed, the modification
Patna High Court CR. MISC. No.8918 of 2023(2) dt.22-03-2023 2/2
petition is rejected.
(Prabhat Kumar Singh, J)
vinita/- U T
1 issue framed by the court
Whether a petition seeking extension of the period of surrender for anticipatory bail after a lapse of approximately four years due to insufficient reasons deserves to be modified or rejected.
Bishambhar Yadav
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
