Ram Palak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28498 of 2023 In CRIMINAL MISCELLANEOUS No.45293 of 2022 Arising Out of PS. Case No.-151 Year-2021 Thana- ARA MUFFSIL District- Bhojpur ====================================================== RAM PALAK YADAV Son of Shiv Sakal Yadav Resident of village-Lahang Dumaria, P.S.-Ara Muffasil, District-Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The present modification application has been filed to modify the order dated 14.10.2022 passed in Cr. Misc. No. 45293 of 2022 to the extent of extending the period of surrender.

3. It is submitted that after grant of bail from this Court and in compliance of the bail order, the petitioner arranged the money and the nephew of the petitioner, namely, Nishant Kumar given debt of Rs.20,000/- and the same was transferred from his account of Bank of Maharashtra vide UPI transaction ID No.232560272442 in the account number mentioned in the bail order. A copy of the receipt of the UPI has been annexed as Annexure-1 to this application. It is further submitted that when the petitioner along with the bailors went to

Patna High Court CR. MISC. No.28498 of 2023(3) dt.05-07-2024 2/3 the learned Court below to furnish his bail bonds and produced his bail bonds with receipt of payment through UPI dated 21.11.2022, the learned Court below refused to accept the bail bonds giving reason that the payment made through the UPI will not be accepted. Accordingly, it is submitted that there is no delay and laches on the part of the petitioner.

4. On the grounds mentioned in the modification application, the period of surrender is extended by six weeks from the date of receipt/production of a copy of this order in connection with Excise Case No. 1150 of 2021, arising out of Ara Muffasil P.S. Case No.151 of 2021.

5. The order dated 14.10.2022 is modified to the extent as indicated above.

6. Accordingly, this modification application stands disposed of and the Court below is directed to accept the bail bonds of the petitioner.

7. Before parting, this Court thinks it proper to seek an explanation from the Officer concerned, who has not accepted the bail bonds of the petitioner on the ground mentioned in this order.

8. In that view of the matter, Registry is directed to seek an explanation from the officer concerned within a

Patna High Court CR. MISC. No.28498 of 2023(3) dt.05-07-2024 3/3 fortnight and place it before this Court.

9. Re-notify this case on 19.07.2024 for the aforesaid purpose only.

(Anjani Kumar Sharan, J) Trivedi/- U