Patna High CourtCR. MISC./39034/2024disposed

Rahish Kumar v. The State Of Bihar

2024-09-06Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39034 of 2024 In CRIMINAL MISCELLANEOUS No.75408 of 2023 Arising Out of PS. Case No.-348 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Rahish Kumar, aged about 26 years, Male, SON OF Sudeshwar Singh, Resident of Lakshmi Tola, Prasadi English PS and Dist -Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-09-2024 Heard Mr. Arvind Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Jha, learned APP for the State.

The present application has been filed for modification of the order dated 29.11.2023 passed in Cr. Misc. No.75408 of 2023, whereby the petitioner was allowed anticipatory bail. One of the conditions therein was that he should surrender within four weeks from the date of the order.

3. However, it is submitted that the petitioner due to the reasons mentioned in the application, particularly in paragraph nos.5, 6 and 7 thereof, could not surrender within the aforesaid period and seeks extension of the time to surrender.

4. Considering the fact that the petitioner was already

Patna High Court CR. MISC. No.39034 of 2024(2) dt.06-09-2024 2/2 released on bail but due to compelling reasons, he could not surrender before the learned District Court within the prescribed time, let the period of surrender as per order dated 29.11.2023 passed in Cr. Misc. No.75408 of 2023 be extended and the petitioner is directed to surrender on 11.09.2024 and the learned District Court is directed to accept his bail bond on the similar terms and conditions which was imposed vide order dated 29.11.2023 passed in Cr. Misc. No.75408 of 2023.

5. In case, the petitioner fails to surrender on 11.09.2024 before the learned District Court, the order dated 29.11.2023 passed in Cr. Misc. No.75408 of 2023 will automatically lose its force.

6. The order dated 29.11.2023 passed in Cr. Misc. No.75408 of 2023 is modified to the extent as indicated above. The other parts of the order shall remain intact.

7. The modification petition is, accordingly, disposed of.

(Purnendu Singh, J) Sanjay/- U T