Nikhil Kumar And Others v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4105 of 2022 In CRIMINAL MISCELLANEOUS No.10753 of 2020 Arising Out of PS. Case No.-574 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== NIKHIL KUMAR AND OTHERS PRAKASH RAUT RESIDENT OF VILLAGE JAGIWAN NAGAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2022 Heard Mr. Anant Kumar Mishra, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

This application has been filed for modification of the order dated 1.7.2020 passed in Cr. Misc. 10753 of 2020. Counsel for the petitioner submits that petitioner was granted anticipatory bail by this Court by aforesaid order in which he was directed to surrender in the Court below within a period of six weeks from the date of order, but he could not surrender in the court below within stipulated time due to Covid-19 pandemic and lockdown which prevailed at that time

Patna High Court CR. MISC. No.4105 of 2022(2) dt.02-02-2022 2/2 and he is labour and resides in other State to earn his livelihood. The prayer has been made to extend time by further two weeks to surrender the petitioner in the Court below. Considering the aforesaid, this modification application is allowed with direction to the petitioner to surrender in the court below within two weeks' from today. In the event petitioner surrenders in the court below within aforesaid period, he will be released on same terms and conditions as mentioned in the order dated 1.7.2020 passed in Cr. Misc. 10753 of 2020.

It is made clear that if petitioner is not surrendered within aforesaid period, no further extension of time will be granted to him.

(Anil Kumar Sinha, J) S.Ali/- U T