Patna High CourtCR. MISC./14686/2024disposed

Gautam Kumar v. The State Of Bihar

2024-03-27Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14686 of 2024 In CRIMINAL MISCELLANEOUS No.64660 of 2023 Arising Out of PS. Case No.-473 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== Gautam Kumar age 23 yrs, Male S/O Jokhan Rai, R/O Village- Narayanpur, Dedhpura, Ward No.-14, P.S- Mahnar Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-03-2024 Heard Mr. Dhirendra Prasad Sinha, learned counsel appearing on behalf of the petitioner and Ms. Shaheen Begum, learned A.P.P. for the State.

2. The present modification application has been filed for extension of time, as the petitioner could not surrender before the learned District Court in time prescribed by this Court in order dated 17.10.2023 passed in Cr. Misc. No. 64660 of 2023.

3. Learned counsel appearing on behalf of the petitioner submits that though no specific reason has been given in the petition with respect to the fact that petitioner was working out of the State in support of the fact that the petitioner could not be informed about order of this Court. He further submits that his pairvikaar had also not informed him regarding the order dated 17.10.2023 passed in Criminal Miscellaneous

Patna High Court CR. MISC. No.14686 of 2024(2) dt.27-03-2024 2/2 No. 64660 of 2023 and in said backgrounds seeks for extension of time and modification of order dated 17.10.2023 passed in Criminal Miscellaneous No. 64660 of 2023 to the said extent.

4. Considering the fact that the petitioner was already released on bail but due to compelling reasons, he could not surrender before the court below within the prescribed time, let the period of surrender as per order dated 17.10.2023 passed in Criminal Miscellaneous No. 64660 of 2023, the time is extended till Monday i.e. 01.04.2024, during which period, the petitioner is directed to surrender before the learned District Court and the learned District Court is directed to accept the bail bond of the petitioner on the similar terms and conditions which was imposed vide order dated 17.10.2023 passed in Criminal Miscellaneous No. 64660 of 2023. In case of failure, this order shall lose its force.

5. The order dated 17.10.2023 passed in Criminal Miscellaneous No. 64660 of 2023 is modified to the above extent only. Other part of the order shall remain intact.

6. In the facts and circumstances of the case, the modification application is allowed.

(Purnendu Singh, J) Niraj/- U T