Ajay Mishra @ Ajay Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21726 of 2024 In CRIMINAL MISCELLANEOUS No.75437 of 2023 Arising Out of PS. Case No.-327 Year-2021 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== AJAY MISHRA @ AJAY KUMAR MISHRA, aged about 47 years, Gender, Male, SON OF SUDAR LAL MISHRA @ SUNDAR LAL MISHRA RESIDENT OF VILLAGE AND POST - SONEPUR, P.S. - KATRA, DISTRICT - MUZAFFARPUR, PRESENTLY RESIDING AT PRAGATI NAGAR, P.S. - AHIYAPUR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
ASHA KUMARI WIFE OF AJAY MISHRA @ AJAY KUMAR MISHRA, DAUGHTER OF HARI SHANKAR JHA RESIDENT OF VILLAGE - SUWASHKESHO, P.S. - GAIGHAT, DISTRICT - MUZAFFARPUR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Anand, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-07-2024 Heard Mr. Abhishek Anand, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Tiwary, learned App for the State.
2.
The present application has been filed for modification of the order dated 29.11.2023 passed in Cr. Misc. No.75437 of 2023, whereby petitioner was allowed provisional anticipatory bail. One of the conditions therein was that he should surrender within four weeks from the date of the order.
3. However, it is submitted that the petitioner, due to the reasons mentioned in the application, particularly in
Patna High Court CR. MISC. No.21726 of 2024(3) dt.12-07-2024 2/2 paragraph no.4 thereof, could not surrender within the aforesaid period and, seeks extension of the time for surrender.
4. Considering the fact that the petitioner was already released on bail but due to compelling reasons, he could not surrender before the court below within the prescribed time, let the period of surrender as per order dated 29.11.2023 passed in Cr. Misc. No.75437 of 2023 be extended by one week from today, during which period, the petitioner is directed to surrender before the court below and the court below is directed to accept the bail bond of the petitioner on the similar terms and conditions which was imposed vide order dated 29.11.2023 passed in Cr. Misc. No.75437 of 2023.
5. The order dated 29.11.2023 passed in Cr. Misc. No.75437 of 2023 is modified to the aforesaid extent only. Rest parts of the order shall remain intact.
6. The modification petition is, accordingly, disposed of.
(Purnendu Singh, J) Sanjay/- U T