High Court Patna High Court - Orders

Shankar Kumar @ Shanker Sao vs The State Of Bihar on 2 February, 2011

Patna High Court – Orders
Shankar Kumar @ Shanker Sao vs The State Of Bihar on 2 February, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.3201 of 2011
                   SHANKAR KUMAR @ SHANKER SAO, Son of Late
                   Sudeshwar Sao, Resident of Village Lai, P.S. Bihta, District-
                   Patna.
                                                            ..............Petitioner.
                                        Versus
                   THE STATE OF BIHAR
                                                        ............Opposite Party.
                                            -----------

2/ 02.02.2011 Heard the parties.

The present petition has been filed on behalf of

the petitioner seeking modification of order dated

16.04.2010 passed in Criminal Miscellaneous No. 43598 of

2009, whereby the petitioner was granted anticipatory bail

in connection with Complaint Case No. 1192/C/2007,

pending in the court of learned S.D.J.M., Danapur, Patna. In

terms of aforesaid order the petitioner was directed to

surrender within four weeks in the court below and was

required to furnish his bail bond.

Learned counsel for the petitioner submits that the

aforesaid order dated 16.04.2010 was not communicated to

the court below in time, therefore, petitioner could not

furnish his bail bond. It is apparent that the order granting

bail was passed more than nine months earlier on

16.04.2010 and despite the aforesaid order, the petitioner
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has not taken appropriate steps for furnishing his bail bond

within time prescribed by this Court and after undue delay

of more than nine months, he filed the present petition

seeking modification of that order. On perusal of materials

available on record, this Court finds that the approach of the

petitioner is casual and he has litigation with his wife at one

side and is not showing due regard to the order and direction

issued by this Court.

In that view of the matter, the present petition

stands rejected. The petitioner must surrender in the court

below at the earliest possible time and seeks regular bail, if

so advised.

( Birendra Prasad Verma, J )

Anjani/