Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49164 of 2022 In CRIMINAL MISCELLANEOUS No.45696 of 2021 Arising Out of PS. Case No.-594 Year-2013 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Mukesh Kumar, Son of Ajay Kant Jha Resident of village - Sankarpur Bakhadda, P.S.- Matihani, District - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

Ms. Saloni Sinha, Adv.

For the State :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and the State. This application has been filed seeking modification of the order dated 31.03.2022 passed in Cr. Misc. No. 45696 of 2021 to the extent that the time granted to the petitioner to deposit the rest of Rs. 30 lakhs be extended by a further period of six months.

Earlier this Court had called for a report from the Civil Surgeon, Begusarai which has been received and the same is kept at flag 'K'. This Court has perused the report. The Medical Board has reported that the petitioner is old case of Hypertension, Diabetes, Right Renal Stone and Benign Prostate hypertrophy. The report also says that he is under treatment and at present he is suffering from urinary problem etc. so, he needs

Patna High Court CR. MISC. No.49164 of 2022(3) dt.15-03-2023 2/2 bed rest for at least 15 days.

Considering the fact that the petitioner has deposited Rs. 20 lakhs and thereafter, he has availed the privilege of bail but thereafter he has failed to deposit the rest of the amount despite a laps of one year from the date of the order, with much reluctance taking note of the medical report kept at flag 'K', this Court is granting a last indulgence to the petitioner by extending the period to deposit the rest of the amount within two months from today.

If the petitioner does not deposit the rest of the amount within this period, it will be taken as breach of one of the terms and conditions of the bail. In such circumstances, he must surrender in the court below immediately upon expiry of two months from today, failing which the court below shall take coercive action for his arrest.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lata/- U T