Rajendra Yadav @ Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13270 of 2021 (Arising out of Cr. Misc. No. 17068 of 2020) ====================================================== Rajendra Yadav @ Rajendra Yadav son of late Beera Yadav, R/O Vill. Banki, P.S. Barachatti, District Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Laxman Saw, S/O Ramdeo Sao, R/O Vill. Banki, P.S. Barachatti, District Gaya.

... ... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Jubair Ansari, Adv. For the Opp. Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has been filed for modifying the order dated 11.09.2020, passed by this Court in Cr. Misc. No. 17068 of 2020, to the extent that the time granted to the petitioner to surrender before the learned court of Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Complaint Case No. 384 of 2012, be extended by a further

period of four weeks, in order to enable the petitioner to avail the privilege of anticipatory bail.

The learned counsel for the petitioner has submitted that on account of prevailing Covid 19 Pandemic situation, the petitioner could not surrender before the learned court below within the time stipulated by this Court, hence, further four weeks' time be granted to the petitioner.

The learned APP for the State, Ms Renu Kumari, has got no objection, if further time is granted to the petitioner to surrender before the learned court below.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, the present petition is allowed and the order dated 11.9.2020 passed in Cr. Misc. No. 17068 of 2020 is modified to the extent that the petitioner shall now be entitled to surrender within a further period of four weeks from today, before the learned court of Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with complaint case no. 384 of 2012, in order to enable him to avail the privilege of anticipatory bail, however, all the other conditions stipulated in the order dated 11.9.2020 passed in Cr. Misc. No. 17068 of 2020

shall remain the same.

Accordingly, the present petition stands disposed of with the aforesaid modification in the order dated 11.9.2020 passed in Cr. Misc. No. 17068 of 2020.

(Mohit Kumar Shah, J) Tiwary/-