Patna High CourtCR. MISC./85049/2025allowed

Amit Kumar v. The State Of Bihar

2025-12-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85049 of 2025 In CRIMINAL MISCELLANEOUS No.79755 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Amit Kumar S/o Om Prakash Singh R/o C-1840 Ground floor, Palam Vihar, P.S.- Palam Vihar, District Gurgaon, Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for modification of the order dated 28.11.2024 whereby while granting bail to the petitioner in connection with Rosera P.S. Case No. 252 of 2023 the petitioner was directed to surrender in the Court below within a period of four weeks.

3. It is submitted by learned counsel for the petitioner that the petitioner's sister is suffering from a critical ailment, namely, cancer and the petitioner has been personally attending to her treatment and care. The petitioner being a layman and unaware of legal technicalities was under the bona fide impression that once bail had been granted by the Court, no

Patna High Court CR. MISC. No.85049 of 2025(2) dt.05-12-2025 2/2 further appearance or formal compliance was required. As such, he could'nt surrender.

4. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner and the contents of the modification application, the court is inclined to allow the prayer of the petitioner.

5. The order dated 28.11.2024 passed in Cr. Misc. No. 79755 of 2024 is modified and the time granted to the petitioner in the said order to surrender in the court below is extended by a further period of four weeks from today.

6. The remaining part of the order shall remain unchanged.

7. The application stands allowed to the above extent. (Ashok Kumar Pandey, J) durgesh/- U T