Kedar Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Kedar Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of the order dated 07.03.2024 in Cr. Misc. No. 72995 of 2023 so that one bailor may be a family member/relative of the petitioner furnishing an official document of bonafide; surrender period extended by four weeks; subject to payment of Rs. 1,000/- to the Patna High Court Legal Services Committee.

Issue for consideration

Whether the condition in the order dated 07.03.2024 that one bailor should be a family member should be modified to permit addition of a relative, given the petitioner's difficulty in obtaining the documents of family members. +1 more

Court's answer

As a last chance, the order dated 07.03.2024 in Cr. Misc. No. 72995 is modified to provide that one of the bailors may be a family member/relative of the petitioner, who shall provide an official document to show his/her bonafide.

Ratio / Principle

While accepting that there is force in the learned APP's objection regarding the petitioner's delay, the Court nonetheless granted the modification as a last chance, since relief had already been granted to the petitioner.

Key takeaways

The present petition (Cr. Misc. No. 55997 of 2024) stands allowed subject to payment of Rs. 1,000/- to the Patna High Court Legal Services Committee.ratio¶¶21
The period of surrender is further extended to four weeks from the date of the order.ratio¶¶22

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), by order dated 23-08-2024 in Criminal Miscellaneous No. 55997 of 2024, arising out of PS Case No. 341 of 2022 (Thana Fatehpur, District Gaya), allowed a modification petition filed months after relief was granted on 07.03.2024 in Cr. Misc. No. 72995 of 2023. Acknowledging force in the learned APP's objection that the petitioner had delayed in approaching the Court, the Court, as a last chance, modified the earlier order so that one of the bailors may be a family member/relative of the petitioner, who shall provide an official document to show his/her bonafide. The petition was allowed subject to payment of Rs. 1,000/- to the Patna High Court Legal Services Committee, and the period of surrender was further extended to four weeks from the date of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55997 of 2024

In

CRIMINAL MISCELLANEOUS No.72995 of 2023

Arising Out of PS. Case No.-341 Year-2022 Thana- FATEHPUR District- Gaya

======================================================

KEDAR YADAV S/O CHALITAR YADAV Resident of VillageVerma(Barma) , P.S.- Fatehpur, District -Gaya

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 23-08-2024

Heard Mr. Umesh Kumar, learned counsel for the petitioner and the State.

In this case, on 07.03.2024 relief was granted to the petitioner and one of the clause was that one of the bailor should be the family members.

Months later, this petition has been filed submitting that the same be modified and relative be added, as the petitioner is facing difficulty in getting the documents of the family members.

Learned APP opposes the prayer submitting that he has delayed in coming to the Court.

Though, there is force in the submission of the learned APP, considering that relief has been granted, as a last

Patna High Court CR. MISC. No.55997 of 2024(2) dt.23-08-2024 2/2

chance the order dated 07.03.2024 in Cr. Misc. No. 72995 is modified to the following extent:

“(i) one of the bailor should be the

family members/relative of the petitioner, who shall provide official document to show his/her bonafide;”

The present petition (Cr. Misc. No. 55997 of 2024) stands allowed subject to payment of Rs. 1,000/- to Patna High Court Legal Services Committee.

The period of surrender is further extended to four weeks from today.

(Rajiv Roy, J)

Adnan/-

U T