Patna High CourtCR. MISC./57523/2023allowed

Subhash Chaudhary v. The State Of Bihar

2023-09-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57523 of 2023 In CRIMINAL MISCELLANEOUS No.17006 of 2023 Arising Out of PS. Case No.-72 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Subhash Chaudhary S/O Birju Chaudhary @ Viraju Chaudhari R/O VillageTarar Pokhar Surya Mandir, Near Ward No. 2, Ps. Daudnagar, Dist. Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and the State.

2. Originally, the petitioner alongwith four others was granted anticipatory bail by order dated 14.02.2022 passed in Cr. Misc. No. 24477 of 2021. Thereafter, Cr. Misc. No. 17006 of 2023 was filed for modification of the aforesaid order and the petitioner along with four others was granted further six weeks time to surrender in the court below. Even after extension of time for a period of six weeks, the petitioner could not surrender. Hence the present second modification application is being filed.

3. It is submitted on behalf of the petitioner that due to going outside the State for earning his livelihood, he could not surrender within the extended period. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that

Patna High Court CR. MISC. No.57523 of 2023(2) dt.01-09-2023 2/2 the petitioner could surrender in the court below.

4. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the order dated 14.02.2022 passed in Cr. Misc. No. 24477 of 2021 is again modified to the extent that 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.

5. The rest of the conditions shall remain the same as mentioned in the order dated 14.02.2022 passed in Cr. Misc. No. 24477 of 2021.

6. Accordingly, this modification application stands disposed of.

(Sudhir Singh, J) A.K.V.//vikashU T