Patna High CourtCR. MISC./3674/2020disposed

Shyam Kishore Singh v. The State Of Bihar

2020-06-22Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.3674 of 2020 In CRIMINAL APPEAL (SJ) No.3802 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- TANDWA District- Aurangabad ====================================================== 1.

SHYAM KISHORE SINGH Son of Late Ramkrit Singh Resident of Village - Panchpokhri, P.S.- Tandwa, District- Aurangabad (Bihar) 2.

Jai Kush Singh @ Jai Kush Kr. Singh Son of Shyam Kishore Singh Resident of Village - Panchpokhri, P.S.- Tandwa, District- Aurangabad (Bihar) ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-06-2020 This application has been filed seeking modification of the order dated 02.12.2019 passed in Cr. Appeal (SJ) No. 3802/2019 to the extent that further four weeks time be allowed to the appellants to surrender and pray for regular bail in the court below.

In the order dated 02.12.2019 while holding that the anticipatory bail application cannot be maintained, this court gave the following observation:

"In case, the appellants surrender and pray for regular bail in the court below within a period of four weeks from today, the same shall be considered on it's own merit keeping in view that the informant and the petitioner's side are litigating over a piece of land and it is in connection with the possession over the said piece of land the alleged occurrence is said to have taken place and in case, if it is found that the appellants were on police bail as their arrest was not

Patna High Court CR. MISC. No.3674 of 2020(2) dt.22-06-2020 2/2 required in course of investigation the prayer for regular bail shall be considered on the same day." Learned counsel for the appellants submits that due to some communication gap the appellants were not informed about the grant of four weeks time to surrender and pray for regular bail. The present application was filed on 20.01.2020 praying for extension of time.

Ms. Pushpa Sinha, learned A.P.P. for the State is present. She does not have any objection to the prayer made in the present application.

Considering the facts and circumstances of the case, let in case the appellants surrender within a period of four weeks from today their prayer for regular bail shall be considered keeping in view the observations of this Court in the order dated 02.12.2019.

Let it be recorded that no further prayer for extension of time will be entertained.

This application is disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.