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Patna High CourtCR. MISC./2328/2025dismissed

Kamal Kumar Manjhi @ Kamal Kumar v. The State Of Bihar

2025-01-24Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2328 of 2025 In CRIMINAL MISCELLANEOUS No.64692 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- Excise P.S. District- Sitamarhi ====================================================== Kamal Kumar Manjhi @ Kamal Kumar, S/o- Nagendra Manjhi, R/oYadupati Bazar, W.No-1, P.S.- Pupari, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Prasad Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-01-2025 Heard learned Advocate for the petitioner and the learned APP for the State.

2. The present application has been filed on behalf of the petitioner seeking modification of the order dated 17.10.2023, passed in Cr. Misc. No. 64692 of 2023, for extending the time frame for surrender stipulated in the said order.

3. Learned Advocate for the petitioner contended that while allowing the privilege of anticipatory bail to the petitioner, four weeks' time was allowed to surrender and furnish bail bond before the court below, but on account of serious ailment, as the petitioner had been suffering from serious orthopedic problem, he could not surrender within the period stipulated. In support of

Patna High Court CR. MISC. No.2328 of 2025(2) dt.24-01-2025 2/2 the aforenoted contention, Medical prescriptions have been brought on record as Annexure- P/2.

4. On the other hand, learned APP for the State opposes the modification application and submits that be that as it may, despite the order of this Court, the petitioner has been avoiding the due process of law and, as such, he does not deserve any sympathy. Moreover, there is no averment to the effect of showing any apology to this Court.

5. Considering the submissions of the learned Advocate for the parties, this Court finds that the petitioner has no regard for the order of this Court and, accordingly, the present modification application stands rejected.

6. Let the petitioner surrender and seek regular bail. (Harish Kumar, J) uday/- U T