High Court Patna High Court - Orders

Gorakh Singh vs The State Of Bihar on 28 June, 2011

Patna High Court – Orders
Gorakh Singh vs The State Of Bihar on 28 June, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.17574 of 2011
                          Gorakh Singh, S/O-Late Shiv Lochan Singh
                                            Versus
                                    The State Of Bihar
                                          -----------

02 28.06.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Earlier, the petitioner was granted privilege of

anticipatory bail by this Court vide order dated 27.10.2010.

passed in Cr. Misc. No. 20464 of 2010 with direction to

surrender before the court below within thirty days from the date

of receipt of this order but the aforesaid order was received

before the concerned court on 28.01.2011 and prior to receipt of

the aforesaid order petitioner went twice to the court concerned

but due to non-receipt of the order of this Court he could not

surrender before the concerned court. It is contended by learned

counsel for the petitioner that unfortunately, the petitioner fell ill

and when he was declared fit by the doctor, he went to the court

concerned and found that the period for surrender, granted by

this Court, had already been expired.

In view of the aforesaid submissions, the petitioner

must surrender before the learned court below within thirty days

from the date of receipt of this order.

Accordingly, the order dated 27.10.2010 passed in

Cr. Misc. No. 20464 of 2010 stands modified to the above stated

extent.

Let this order be communicated to the court of Sub
2

Divisional Judicial Magistrate, Bhabhua in connection with

Complaint Case No. 649 of 2009 through FAX at the cost of the

petitioner. It is needless to say that the other conditions imposed

upon the petitioner vide order dated 27.10.2010. passed in Cr.

Misc. No. 20464 of 2010 shall remain in force.

Shahzad                             ( Hemant Kumar Srivastava, J.)