Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58198 of 2022 In CRIMINAL MISCELLANEOUS No.60708 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Chhotu Kumar, aged about 29 years (Male), Son of Vindeshwar Mahto, R/oNunfar, Pankaj Market, P.S.- Town, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raju Kumar, Advocate For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present application has been filed for modification of the order dated 01.10.2018, passed in Cr. Misc. No. 60708 of 2018, by which the petitioner was granted anticipatory bail in connection with Excise P.S. Case No. 48 of 2018, arising out of P.R. No. 81/17-18, pending in the court of learned Spl. Judge, Excise Act, Muzaffarpur and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond.

Learned counsel for the petitioner submits that due to some unavoidable reasons the petitioner could not surrender in

Patna High Court CR. MISC. No.58198 of 2022(3) dt.14-12-2022 2/3 the court below well within time. It is further submitted that further time may be extended so that the petitioner could surrender in the court below.

It is also worthwhile to mention here that earlier the petitioner came before this Court vide Cr. Misc. No. 5371 of 2019 for modification of the order dated 01.10.2018, passed in Cr. Misc. No. 60708 of 2018, which was heard and disposed of on 15.02.2019 but the petitioner could not surrender and comply with the said order dated 15.02.2019 within stipulated period. This is second modification application filed on behalf of the petitioner for modification of the order dated 01.10.2018, passed in Cr. Misc. No. 60708 of 2018. Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

The order dated 01.10.2018, passed in Cr. Misc. No. 60708 of 2018, is modified to the extent as indicated above. The present application is disposed of.

Patna High Court CR. MISC. No.58198 of 2022(3) dt.14-12-2022 3/3 Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) U.K./- U T