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Patna High CourtCR. MISC./68963/2024allowed

Dipu Pasi @ Dipu Kumar v. The State Of Bihar

2024-09-27Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68963 of 2024 In CRIMINAL MISCELLANEOUS No.31814 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Dipu Pasi @ Dipu Kumar Son of Shri Shivnath Pasi @ Shree Nath Pasi Residence of Tedhi Bazaar Road Dumraon, P.S.- Dumraon, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-09-2024 This application has been filed for modification of order dated 17.05.2024 passed in Cr. Misc. No.31814 of 2024 in which further four weeks' time was granted to the petitioner to surrender before the Court concerned with the conditions as contained in the order dated 18.10.2023 passed in Cr. Misc. No. 64378 of 2023.

2. Learned counsel for the petitioner submits that the petitioner was earlier granted anticipatory bail by this Court

Patna High Court CR. MISC. No.68963 of 2024(3) dt.27-09-2024 2/3 vide order dated 18.10.2023 passed in Cr. Misc. No.64378 of 2023 by which the petitioner was directed to be released on bail in the event of his arrest or surrender before the Court below within six weeks but the petitioner could not surrender well within time, therefore, the petitioner again approached before this Court for extension of further four weeks' time by way of filing Cr. Misc. No.31814 of 2024 in which vide order dated 17.05.2024, four weeks' further time was extended to surrender before the Court concerned with conditions as contained in the earlier order dated 18.10.2023.

He further submits that the petitioner is an illiterate person and had gone outside from his house to Kutch, Gujarat for his livelihood and did not return on time, therefore, he did not surrender before the Court below within the time granted by this Court. Learned counsel further submits that petitioner has complied the order dated 20.09.2024 passed by this Court by depositing Rs.3,000/- on 23.09.2024 in the account of Patna High Court Legal Services Committee.

3. In view of the submissions of learned counsel for the petitioner as well as the averments made in the application, the present Modification Application is allowed.

4. Further four weeks' time, from today, is granted to the petitioner to surrender before the Court concerned with the

Patna High Court CR. MISC. No.68963 of 2024(3) dt.27-09-2024 3/3 conditions as contained in the order dated 18.10.2023 passed in Cr. Misc. No.64378 of 2023.

5. Accordingly, the order dated 17.05.2024 passed in Cr. Misc. No. 31814 of 2024 is modified to the extent as indicated above.

(Sunil Dutta Mishra, J) ashishkr/- U T