Ram Babu Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87964 of 2024 In CRIMINAL MISCELLANEOUS No.26071 of 2023 Arising Out of PS. Case No.-382 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== Ram Babu Prasad Yadav S/o Jagdish Prasad Yadav R/o Village- Banjhula, P.sChakiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2025
1. The present petition has been filed for modifying the order dated 07.07.2023, passed by this Court in Cr. Misc. No.26071 of 2023 qua the petitioner herein, who was petitioner no.2 in the said anticipatory bail petition, to the extent of extending the time granted to the petitioner to surrender before the Ld. Court below for the purposes of being released on anticipatory bail.
2. The learned counsel for the petitioner submits that on account of the petitioner herein being seriously ill, he could not surrender within the stipulated time frame for the purposes of being released on anticipatory bail, hence a sympathetic view be taken and the time granted to the petitioner for surrendering before the Ld. Trial Court be extended by a further time of four weeks from today.
Patna High Court CR. MISC. No.87964 of 2024(2) dt.10-01-2025 2/2
3. Per contra, the learned APP for the State submits that it is for this Court to take a call as to whether the time granted to the petitioner to surrender before the Ld. Trial Court is required to be extended or not.
4. Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions made by the learned counsel for the petitioner, I deem it fit and proper to modify the order dated 07.07.2023, passed in Cr. Misc. No. 26071 of 2023 by extending the time granted to the petitioner herein, to surrender before the Ld. Court of C.J.M., Motihari, East Champaran, in connection with Chakiya P.S. Case No.382 of 2021, by a further period of four weeks from today, in order to enable the petitioner to avail the privilege of anticipatory bail. Rest of the order dated 07.07.2023 shall remain the same.
5. Accordingly, the present petition stands disposed off, however, with the aforesaid modification in the order dated 07.07.2023, passed in Cr. Misc. No.26071 of 2023. (Mohit Kumar Shah, J) sonal/- U