Bhola Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56755 of 2015 ====================================================== Bhola Sada son of Ram Uchit Sada @ Uchit Sada, resident of villageKastoli, Police Station- Mansurchak, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

By way of the present application under Section 482 of the Code of Criminal Procedure, the petitioner seeks modification in the order dated 13.10.2015 passed in Cr.Misc. No.42480 of 2015 whereby the petitioner was directed to be released on bail in the event of arrest or surrender within six weeks in connection with Mansurchak P.S.Case No.86 of 2014. The modification sought for is to extend the period of surrender by further two weeks.

It has been contended that the petitioner is a labourer and was not available in the village as a result of which the aforesaid order dated 13.10.2015 could not be communicated to

Patna High Court Cr.Misc. No.56755 of 2015 (2) dt.16-12-2015 2/2 him by the Pairvikar of the case as a result of which he could not surrender within the stipulated period before the Court of Magistrate.

Be that as it may, on the facts and in the circumstances of the case, the period prescribed for surrender of the petitioner before the Court of Magistrate in the aforesaid order dated 13.10.2015 is extended by further two weeks from today. The application stands allowed.

(Ashwani Kumar Singh, J) Md.S./- U T