Radheshyam Choudhary @ Radheshyam Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14446 of 2024 In CRIMINAL MISCELLANEOUS No.70529 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== Radheshyam Choudhary @ Radheshyam Choudhari S/o Baijau Choudhari @ Baiju Choudhary @ Babuji Choudhary R/o ward no. 9, Daparkha, P.s. - Daparkha, Distt. - Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. M. K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-02-2024 Heard Mr. Sumeet Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. M. K. Nirala, learned Additional Public Prosecutor for the State.

2. The petitioner by filing the present application seeks modification of the order dated 07.11.2023 passed by this Court in Cr. Misc. No. 70529 of 2023, whereby the petitioner was granted the privilege of anticipatory bail with a direction to surrender in the learned court below within four weeks and furnish sufficient bail bonds.

3. It is submitted that apart from the petitioner being an old person it is the fact that he was under treatment and there was also some communication gap resulting into non-surrender

Patna High Court CR. MISC. No.14446 of 2024(2) dt.23-02-2024 2/2 of the petitioner within the stipulated period and, as such, the present application.

4. Learned counsel for the petitioner submits across the Board that admittedly despite the aforesaid facts there is a laches on the part of the petitioner which cannot be countenanced. However, if the petitioner would be allowed two weeks further time for surrender and submission of adequate bail bonds, he would ensure the compliance of the order of this Court.

5. The aforesaid contention has been opposed by the learned APP for the State.

6. Considering the age of the petitioner, this Court allows further two weeks time to the petitioner to surrender and submission of the adequate bail bonds, subject to the cost of Rs.10,000/- which shall be deposited in the District Legal Services Authority, Madhepura.

7. In view thereof, the order dated 07.11.2023 passed by this Court in Cr. Misc. No. 70529 of 2023 is modified to the extent indicated above and the application stands allowed. (Harish Kumar, J) Anjani/- U T