Mukesh Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5345 of 2022 In CRIMINAL MISCELLANEOUS No.39708 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- JAYRAMPUR District- Sheikhpura ====================================================== MUKESH MALAKAR S/o- Gopal Mali Resident of Village- Bhadohkhara, P.S.- Nawada, District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad, Advocate For the Opposite Party/s :

Mrs.Shaheen Begum, 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 23.08.2021 passed in Cr. Misc. No. 39708 of 2020 by which the petitioner was granted anticipatory bail in connection with Jairampur P.S. Case No. 09 of 2020 to the satisfaction of Smt. Sonam Viswas, learned Judicial Magistrate, 1st Class, Sheikhpura and

Patna High Court CR. MISC. No.5345 of 2022(2) dt.09-02-2022 2/2 the petitioner was directed to surrender in the Court below within a period of twelve 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 23.08.2021 passed in Cr. Misc. No. 39708 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T