Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34986 of 2024 In CRIMINAL MISCELLANEOUS No.60301 of 2023 Arising Out of PS. Case No.-1749 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== KAUSHAL KUMAR SON OF LATE LAL BABU THAKUR RESIDENT OF VILLAGE - BASUDEOPUR CHAPUTA, P.S. - HAJIPUR, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ARVIND KUMAR SON OF LATE RAMA NAND SINGH RESIDENT OF VILLAGE - SAIDPUR RAJAULI, P.S. - HAJIPUR, DISTRICT - VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-07-2024 Heard Mr. Anil Kumar, learned counsel appearing on behalf of the petitioner and Mr. Tapeshwar Sharma, learned App for the State.

2.

The present application has been filed for modification of the order dated 29.02.2024 passed in Cr. Misc. No.60301 of 2023, whereby petitioner was allowed provisional anticipatory bail. One of the conditions therein was that he should surrender within four weeks after returning back a sum of Rs.1,75,000/- to the complainant from the date of the order.

3. However, it is submitted that the petitioner, due to

Patna High Court CR. MISC. No.34986 of 2024(2) dt.12-07-2024 2/2 the reasons mentioned in the application, particularly in paragraph no.3 thereof, stating therein that his family members were being treated at AIIMS, Patna, could not surrender within the aforesaid period and, seeks extension of the time for surrender. Learned counsel further submits that conduct of the petitioner cannot be held to be deliberate to not abide by the conditions imposed in para no.14 of the order. In these circumstances, learned counsel further submitted that time granted by this Court is required to be extended till 18.07.2024, so that petitioner may furnish the receipt / acknowledgment of deposit of Rs.1,75,000/-. In case, the petitioner furnishes the receipt/acknowledgment of the deposit on 18.07.2024, the bail bond of the petitioner shall be accepted by the District Court.

5. The order dated 29.02.2024 passed in Cr. Misc. No.60301 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