Babuchand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10981 of 2021 In CRIMINAL MISCELLANEOUS No.82107 of 2019 Arising Out of PS. Case No.-320 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== 1.

BABUCHAND YADAV S/O KAPILDEO YADAV @ KAPIL YADAV R/O VILLAGE-SURYAPURA, P.S.-BODH GAYA, DISTRICT-GAYA. 2.

MUNNA YADAV S/O KAPILDEO YADAV @ KAPIL YADAV R/O VILLAGE-SURYAPURA, P.S.-BODH GAYA, DISTRICT-GAYA. ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Prithivi Raj Singh, Advocate.

For the State :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the Stamp Reporter, within four weeks of starting of the Court proceeding in physical mode in normal course. Heard learned counsel appearing for the petitioners and the learned A.P.P. appearing for the State, through Video Conferencing.

This application has been filed on behalf of the petitioners for modification of the order dated 24.06.2020 passed in Criminal Misc. No.82107 of 2019 by this Court with regard to extension of period of surrender of the petitioners in

Patna High Court CR. MISC. No.10981 of 2021(2) dt.28-07-2021 2/3 connection with Bodh Gaya P.S. Case No.320 of 2018, pending in the court of the Chief Judicial Magistrate, Gaya. It appears that vide order dated 24.06.2020 passed in Criminal Misc. No.82107 of 2019, the petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of the aforesaid order, were granted the privilege of pre-arrest bail by this Court in connection with Bodh Gaya P.S. Case No.320 of 2018, pending in the court of the Chief Judicial Magistrate, Gaya, but, for the reasons, mentioned in this application, the petitioners could not surrender before the court concerned within the stipulated period as granted by this Court.

In that view of the matter, learned counsel for the petitioners prays for modification of the order dated 24.06.2020 passed in Criminal Misc. No.82107 of 2019 by this Court in this regard.

Let the period of surrender of the petitioners in connection with the aforesaid case before the court concerned be extended for a further period of four weeks from today. The order dated 24.06.2020 passed in Criminal Misc. No.82107 of 2019 by this Court is modified to the aforesaid extent only.

Patna High Court CR. MISC. No.10981 of 2021(2) dt.28-07-2021 3/3 Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T