IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30526 of 2011
Ram Deo Mandal
Versus
The State Of Bihar
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02 14.09.2011 Heard learned counsel for the petitioner and learned
A.P.P. appearing on behalf of the State.
Petitioner seeks modification in the order dated
15.09.2009 passed in Cr. Misc. no. 23418 of 2009 ( Ramdev Mandal
and Ors. Vs. State of Bihar). By the aforesaid order the petitioners
were granted privilege of anticipatory bail and were directed to
surrender within 04 weeks and to furnish bail bond(s). Four
petitioners of the said case surrendered and got the privilege of bail as
per order dated 15.09.2009. The petitioner did not surrender within
the stipulated time. After expiry of close to 02 years the present
application has been filed for extension of time for surrender of the
petitioner no.1, namely, Ram Deo Mandal in order to reap the benefit
of order dated 15.09.2009.
Mr. Jagnnath Singh, learned counsel for the petitioner,
submits that the petitioner, during the relevant time, was working on
contract basis in Sharjah. He, therefore, could not come to India and
appear in Court in accord the order dated 15.09.2009. It is also
contended that petitioner undertakes not to leave India till conclusion
of the trial. This Court, on going through the pleadings made in the
application and after hearing learned counsel for the parties, does not
find that any diligent effort was made to obtain extension of the
period for surrender of the petitioner as per order dated 15.09.2009.
This Court is satisfied that explanations offered by the petitioner are
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not adequate for allowing the prayer made in the application.
Let petitioner surrender before the Court below and apply
for bail and raise all issues including the fact that other co-accuseds,
similarly placed, have already been released on bail under orders of
this Court. Once such application is filed within a reasonable time
from today learned trial Court shall consider and dispose of the same
in accordance with law uninfluenced by the present order.
The application stands disposed of.
Sym ( Kishore K. Mandal, J.)