Patna High CourtCR. MISC./30115/2024allowed

Golu Chauhan @ Ajay Chauhan @ Ajay Kumar Prasad v. The State Of Bihar

2024-05-03Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30115 of 2024 In CRIMINAL MISCELLANEOUS No.38664 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Golu Chauhan @ Ajay Chauhan @ Ajay Kumar Prasad, S/o Manoj Chauhan @ Manoj Kumar Prasad, R/o Village - Thepahan Uttar Tola, P.O. - Tehpaha Bazar, P.S. - Ziradei, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-05-2024

1. Heard learned counsel for the parties.

2. The instant application has been filed by the petitioner praying for modification of the order dated 31.7.2023 passed in Cr. Misc. no. 38664 of 2023 for extending the time granted therein for the petitioner to surrender and obtain bail in connection with Siwan Muffasil P.S. Case no. 106 of 2023.

3. It is submitted by learned counsel for the petitioner that on the petitioner being falsely implicated in the case in connection with Siwan Muffasil P.S. Case no. 106 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, he moved this Court and was granted anticipatory bail by the aforesaid order dated 31.7.2023. However, for reasons beyond his control, the petitioner could

Patna High Court CR. MISC. No.30115 of 2024(3) dt.03-05-2024 2/3 not surrender and obtain bail within the period of four weeks as was fixed in the said order dated 31.7.2023 and as such the instant application for modification of the said order and extension of the time for him to surrender.

4. Learned counsel further submits that the petitioner has also deposited the cost of Rs. 5,000/- with the Patna High Court Legal Services Committee on 29.4.2024 and a copy of the receipt thereof has been brought on record as supplementary affidavit filed in the instant application.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and having perused the contents of the petition as also the supplementary affidavit, the order dated 31.7.2023 passed in Cr. Misc. no. 38664 of 2023 granting anticipatory bail to the petitioner in connection with Siwan Muffasil P.S. Case no.106 of 2023 is modified to the extent that the time granted therein for the petitioner to surrender in the learned Court below is extended by a further period of four weeks from today. It is directed that in the event of arrest of the petitioner or surrender before the learned Court below within a period of four weeks from today in connection with Siwan Muffasil P.S. Case no.106 of 2023, the petitioner will be released on anticipatory bail, as

Patna High Court CR. MISC. No.30115 of 2024(3) dt.03-05-2024 3/3 directed by the aforesaid order dated 31.7.2023.

7. The modification application stands allowed to the above extent.

(Partha Sarthy, J) avinash/- U T