Mokhtar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68025 of 2024 In CRIMINAL APPEAL (SJ) No.310 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Mokhtar Prasad Son of Late Tukar Prasad Resident of Village - Kusahar, P.S. - Mohammadpur, District - Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vinod Kumar Son of Not Known Posted as Panchayat Secretary, Gram Panchayat Raj Kusahar, P.S. - Mohammadpur, District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Opposite Party/s :
Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The learned counsel for the petitioner submits that six appellants had approached this Court seeking anticipatory bail by filing Criminal Appeal (SJ) No. 310 of 2024 and the same was allowed by an order dated 23.07.2024. It is submitted that appellant nos. 2 to 6, in compliance of the order dated 23.07.2024 in Criminal Appeal (SJ) No. 310 of 2024 have surrendered and have been granted the privilege of anticipatory bail. It is next submitted that appellant no. 1, Mokhtar Prasad could not surrender along with the other appellants for the reason that he was suffering from cardio problems as would
Patna High Court CR. MISC. No.68025 of 2024(2) dt.20-09-2024 2/2 manifest from Annexure-2 series to the modification application, as such, on 31.08.2024, the instant modification application was filed seeking extension of the time of surrender when the last date of surrender was 13.09.2024.
3. It is further submitted that appellant no. 1 on 08.08.2024 has undergone a heart surgery. It is also submitted that appellant no. 1 would be discharged on 19.10.2024.
4. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, the period of surrender is extended by another four weeks from today.
5. It is made clear that if the appellant no. 1 in Criminal Appeal (SJ) No. 310 of 2024 surrenders on or before 18.10.2024 in that event his bail bonds shall be accepted on the same terms and condition as recorded in the order dated 23.07.2024 in Criminal Appeal (SJ) No. 310 of 2024.
6. The order dated 23.07.2024 in Criminal Appeal (SJ) No. 310 of 2024 is modified to the extent indicated above. (Satyavrat Verma, J) Rishabh/- U T