Patna High CourtCR. MISC./80384/2023allowed

Sandeep Kumar v. The State Of Bihar

2024-02-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80384 of 2023 In CRIMINAL MISCELLANEOUS No.28363 of 2021 Arising Out of PS. Case No.-203 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Sandeep Kumar Son Of Ghanshyam Prasad @ Ghanshyam Kumar Resident Of Village - Kuawan, P.S. - Chakiya, District - East Champaran (MOTIHARI) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

Mr. Rahul Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This application is filed for modification of order dated 12.07.2021 passed in Cr. Misc. No. 28363 of 2021.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner was granted anticipatory bail on 12.07.2021 passed in Cr. Misc. No. 28363 of 2021 with a direction to surrender before the Court below within a period of eight weeks from today, the petitioner be released on bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in

Patna High Court CR. MISC. No.80384 of 2023(3) dt.22-02-2024 2/3 connection with Kankarbagh P.S. Case No. 203 of 2020, but the petitioner had gone to United States of America to earn his livelihood due to which the petitioner could not surrender before the Court below within the stipulated time. Learned counsel further submitted that when the informant came to know that the petitioner was returning to India, he again lodged a fresh FIR bearing Chakiya P.S. Case No. 361 of 2022 dated 20.08.2022 for the same alleged offence.

4. In view of the matter, let the time to surrender of the petitioner, as ordered on 12.07.2021 passed in Cr. Misc. No. 28363 of 2021, be further extended by six weeks from the date of receipt of this order with further condition:- (i) It has further been brought to the notice of this Court that the petitioner is working in United States of America. After furnishing of bail bond, the petitioner may leave the country only after getting permission from the Court below. The Court below shall ensure that the trial is concluded at the earliest. If the Court below finds that the petitioner is not cooperating in the trial, the Court below will be at

Patna High Court CR. MISC. No.80384 of 2023(3) dt.22-02-2024 3/3 liberty to cancel the bail bond of the petitioner.

5. Accordingly, the modification application is allowed and the order dated 12.07.2021 passed in Cr. Misc. No. 28363 of 2021 is modified to the above extent. (Chandra Prakash Singh, J) annpurna/- U T