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Patna High CourtCR. MISC./5231/2022allowed

Jay Prakash Das v. The State Of Bihar

2022-02-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5231 of 2022 In CRIMINAL MISCELLANEOUS No.378 of 2021 Arising Out of PS. Case No.-172 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== JAY PRAKASH DAS S/o Ram Chandra Das R/o village- Hulashpatti, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Kumari Shubham, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present application has been filed for modification of the order dated 08.04.2021 passed in Cr. Misc. No. 378 of 2021 by which the petitioner along with two others was granted anticipatory bail in connection with Phulparas P.S. Case No. 172/2018, G.R. No. 1110/2018 to the satisfaction of learned A.C.J.M.- II, Jhanjharpur and

Patna High Court CR. MISC. No.5231 of 2022(2) dt.09-02-2022 2/2 the petitioner was directed to surrender in the Court below within a period of six weeks.

Learned counsel for the petitioner submits that due to some unavoidable reasons, the petitioner could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the Court below. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the Court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same. The order dated 08.04.2021 passed in Cr. Misc. No. 378 of 2021 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T