Modification of bail order denied due to repeated non-compliance and lack of reasonable cause.

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

2 08-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for modification of the order dated 24.01.2023 passed in Cr. Misc. No. 29128 of 2022, to extend the period of surrender and to furnish bail bonds.

3. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner was granted anticipatory bail on 24.01.2023 passed in Cr. Misc. No. 29128 of 2022 with a direction to the petitioner to surrender before the learned court below within a period of six weeks from such date, but due to some unavoidable circumstances, the petitioner could not surrender and execute the bail bond before the learned court below within the stipulated time. Learned counsel for the petitioner seeks permission to extend the time for furnishing the bail bond of the petitioner.

4. Learned APP for the State has opposed the submission of the learned counsel for the petitioner by submitting that earlier the petitioner was twice granted further four weeks’ time to surrender and execute bail bonds but the petitioner deliberately did not surrender before the learned trial Court. This is the third time for the modification of order dated 24.01.2023 passed in Cr. Misc. NO. 29128 of 2022 without any reasonable cause.

5. This court finds that vide order dated 28.06.2023 passed in Cr. Misc No. 38691 of 2023 and order dated 12.07.2024 passed in Cr. Misc. No. 29513 of 2024, twice the petitioner had already been granted further four weeks’ time to surrender before the learned Court below and furnish bail bonds and despite the above orders, the petitioner did not surrender before the learned Court below within the said period having full and proper knowledge of the order dated 24.01.2023.

6. In view of the above, this Court is not inclined to allow the modification application filed on behalf of the petitioner in connection with Khanpur P.S. Case No. 221 of 2020 pending in the court of learned Exclusive Special Excise Court No. 1^st, Samastipur/concerned trial Court.

7. Accordingly, the present modification application stands rejected.

(Chandra Prakash Singh, J)