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Patna High CourtCR. MISC./6095/2022allowed

Sunil Sah v. The State Of Bihar

2022-02-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6095 of 2022 In CRIMINAL MISCELLANEOUS No.8665 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== SUNIL SAH Son of Rajvanshi Sah @ Rajmangal Sah Resident of Village - Shankar Sharaiya, P.s.- Turkaulia, Distt.- East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 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 defect(s), 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 06.04.2021 passed in Cr.Misc.No. 8665 of 2021, by which the petitioner was granted anticipatory bail in connection with Excise case No.267 of 2020, pending in the court of 7th Additional

Patna High Court CR. MISC. No.6095 of 2022(2) dt.16-02-2022 2/2 Sessions Judge-cum-Special Judge, Excise, Motihari and the petitioner was directed to surrender in the court below within a period of six weeks.

It is submitted on behalf of the counsel for the petitioner that due to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is further prayed on behalf of the 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 06.04.2021 passed in Cr.Misc.No. 8665 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T