Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55366 of 2023 In CRIMINAL MISCELLANEOUS No.19242 of 2020 Arising Out of PS. Case No.-777 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== RAKESH SINGH SON OF SUKHRAM SINGH R/O Village- Majhoe, P.SChainpur, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-09-2023 1.

Heard the learned counsel for the parties.

2.

This application has been filed for modification of the order dated 23.02.2021 passed by this Court in Cr. Misc. No. 19242 of 2020. By the aforesaid order, the petitioner and co-accused, namely, Amarjit Kumar @ Amarjit Bind were directed to be enlarged on bail in the event of their arrest or surrender before the court below within a period of eight weeks from the date of passing of the order

Patna High Court CR. MISC. No.55366 of 2023(2) dt.15-09-2023 2/3 but with a condition that they would make a payment of Rs. Two Lakhs under protest and subject to their rights and contentions later.

3.

The petitioner could not deposit the aforesaid amount within the specified period.

4.

The petitioner seeks extension of time for surrendering before the court below.

5.

Mr. Tribhuwan Narayan, the learned counsel for the petitioner has pointed out that the petitioner has already deposited Rs. Two Lakhs as directed by this Court. He has further submitted that the prayer of extension of time of co-accused of this case, namely, Amarjit Kumar has been allowed vide order dated 03.05.2023 passed in Cr. Misc. No. 64970 of 2022.

6.

Considering the afore-noted developments, this Court directs that if the petitioner surrenders now within a period of four weeks from today, he shall be accorded the privilege under the order dated 23.03.2021 on the same terms and condition.

Patna High Court CR. MISC. No.55366 of 2023(2) dt.15-09-2023 3/3 7.

With the afore-noted modification in the order dated 23.02.2021, the application stands allowed. (Ashutosh Kumar, J) sunilkumar/- U T