Petitioner sought modification of an existing anticipatory bail order due to inability to appear in court while attending to a relative suffering from cancer. The court granted conditional anticipatory bail for two weeks upon surrender.
Anticipatory bail extended for two weeks upon arrest and surrender before the learned Court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9236 of 2023
In
CRIMINAL MISCELLANEOUS No.38688 of 2021
Arising Out of PS. Case No.-489 Year-2020 Thana- GHOSI District- Jehanabad
======================================================
Yashwant Kumar S/O Late Ram Saran Singh Resident Of VillageNarayanpur, P.S.- Ghoshi, District- Jehanabad (Bihar).
... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Sr. Advocate Mr. Praveen Prakash, Advocate For the Opposite Party/s : Ms. Rita Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
parties.
This modification application has been filed by the petitioner for modification of the order dated 15.06.2022 passed in Cr. Misc. No. 38688 of 2021 to extend the time of six weeks as granted while disposing the abovesaid case.
It is submitted by learned counsel appearing on behalf of the petitioner that as nephew of petitioner was under treatment at Vellore, Tamil Nadu for cancer, where petitioner was attendant, the petitioner could not appeared before the Court of learned C.J.M., Jehanabad within directed time of six weeks.
Patna High Court CR. MISC. No.9236 of 2023(2) dt.15-02-2023 2/2
It is submitted that non appearance was neither intentional nor deliberate and is supported by genuine hardship.
Considering the submissions, in the event of arrest and surrender before the learned Court below within a period of two weeks from today be released on anticipatory bail in connection with Ghoshi P.S. Case No. 489 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This order shall be treated as a part of order dated 15.06.2022 passed in Cr. Misc. No. 38688 of 2021.
(Chandra Shekhar Jha, J)
veena/-
U T
1 issue framed by the court
Whether the time limit for extended anticipatory bail should be modified given the petitioner's inability to appear due to attending to a sick relative.
1 provisions across 1 enactments
Yashwant Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
