Chotu Chaudhary @ Mithlesh Chaudhary @ Mithilesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33563 of 2024 In CRIMINAL MISCELLANEOUS No.66174 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== 1.

Chotu Chaudhary @ Mithlesh Chaudhary @ Mithilesh Kumar Chaudhary Son of Umesh Chaudhary Resident of village - Baruhi, P.S.- Sahar Bhojpur, District - Bhojpur.

2.

Guddu Chaudhary Son of Altu Chaudhary Resident of village - Baruhi, P.S.- Sahar Bhojpur, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Smita Kumari, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-11-2024 Heard Mrs. Smita Kumari, learned counsel appearing on behalf of the petitioners and Mr. Ahmad Ali, learned APP for the State.

2. At the outset, learned counsel appearing on behalf of the petitioners submits that the petitioner no. 2, namely, Guddu Chaudhary, has been arrested and seeks to withdraw the present modification application on behalf of the petitioner no. 2.

3. Permission granted.

Patna High Court CR. MISC. No.33563 of 2024(4) dt.22-11-2024 2/3

4. So far as, petitioner no. 1, namely, Chotu Chaudhary @ Mithlesh Chaudhary @ Mithilesh Kumar Chaudhary is concerned, he seeks modification of the order dated 18.10.2023 passed in Cr. Misc. No. 66174 of 2023 for further extension of time to surrender before the learned District Court on the ground that earlier he was granted pre-arrest bail vide order dated 18.10.2023 passed in Cr. Misc. No. 66174 of 2023, but he failed to surrender before the Court below within the stipulated period of four weeks as per the condition imposed in paragraph no. 7 of the order dated 18.10.2023, due to the fact that the petitioner came to know about his bail only in the month of January and to that effect a statement has been made in paragraph no.5 of the modification application and, as such, he was ignorant about the order passed by this Court that he has been granted bail.

5. Considering the above facts and circumstances of the case, as well as, the fact that the petitioner no. 1, namely, Chotu Chaudhary @ Mithlesh Chaudhary @ Mithilesh Kumar Chaudhary, has shown his willingness that he will deposit a sum of Rs. 500/- into the account of Advocates' Association of Patna High Court and also considering the reasons assigned in the modification application and the affidavit, further period to

Patna High Court CR. MISC. No.33563 of 2024(4) dt.22-11-2024 3/3 surrender before the learned District Court is extended till 13.12.2024.

6. Accordingly, the modification application stands disposed of.

(Purnendu Singh, J) Niraj/- U T