Gorelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62521 of 2024 In CRIMINAL MISCELLANEOUS No.44329 of 2024 Arising Out of PS. Case No.-184 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== Gorelal Yadav, aged about 70 years (male), Son of Late Banarsi Prasad Yadav, Resident of village- Bela, Police Station- Shambhuganj, District -Banka. At present R/o mohalla - Babutola, ward no. 9, Block Gate, P.O. + P.S - Banka, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2024 Heard Mr. Ajay Mukherjee, learned counsel appearing on behalf of the petitioners and Mr. Rajiv Nayan, learned APP for the State.

2. Petitioner seeks modification of the order dated 24.07.2024 passed in Cr. Misc. No. 44329 of 2024 for further extension of time to surrender before the learned District Court on the ground that earlier he was granted pre-arrest bail vide order dated 24.07.2024 passed in Cr. Misc. No. 44329 of 2024, but he failed to surrender before the Court below within the stipulated period of four weeks as per the condition imposed in paragraph no. 6 of the order dated 24.07.2024 due to the fact that the petitioner could not comply the direction of this Court

Patna High Court CR. MISC. No.62521 of 2024(3) dt.29-11-2024 2/2 to deposit the amount of Rs. 1,13,245/- into the Depositor Education and Awareness Fund (DEAF) Account of the Reserve Bank of India. However, the petitioner has deposited the aforesaid amount into the account of Advocates' Association, Patna High Court.

3. Considering the above facts and circumstances of the case, as well as, the fact that the petitioner has deposited the aforesaid amount willingly and voluntarily into the account of Advocates' Association, Patna High Court for violation on his part as he could not comply with the direction contained in paragraph no. 6 of the order dated 24.07.2024 passed in Cr. Misc. No. 44329 of 2024, and also considering the reasons assigned in the modification application and the affidavit, further period of two weeks is extended to surrender before the learned District Court.

4. Accordingly, the present modification application stands disposed of.

(Purnendu Singh, J) Niraj/- U T