Mahendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12245 of 2020 In CRIMINAL APPEAL (SJ) No.3585 of 2019 Arising Out of PS. Case No.-263 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

MAHENDRA MAHTO S/o Rajdhari Mahto R/o village- Dipahi, P.S.- Chiraiya, District- East Champaran 2.

Sanjay Prasad @ Sanjay Prasad Kushwaha @ Sanjay Kumar Prasad S/o Mahendra Mahto R/o village- Dipahi, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2020 At the outset, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no. 1, who was the appellant no. 8 in the Criminal Appeal (SJ) No. 3585 of 2019.

Accordingly, the present petition qua the petitioner no. 1 stands dismissed.

The present petition has been filed by the petitioner no. 2, who was the appellant no. 5 in the aforesaid Criminal Appeal (SJ) No. 3585 of 2019, for extending the time for surrendering before the learned court below, as granted vide order dated 16.11.2019 passed in Criminal Appeal (SJ) No. 3585

Patna High Court CR. MISC. No.12245 of 2020(2) dt.05-03-2020 2/2 of 2019.

The learned counsel for the petitioner has submitted that on account of communication gap, the petitioner could not surrender within the time frame prescribed by this Court by the aforesaid order dated 16.11.2019, hence, he seeks extension of time granted for the purposes of surrendering and being admitted to the privilege of anticipatory bail. Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions of the learned counsel for the petitioner, I deem it fit and proper to extend the time granted to the petitioner, by this Court by an order dated 16.11.2019, for the purposes of surrendering before the court of learned 1st A.D.J. Cum Special Judge SC/ST Act, Motihari, East Champaran in connection with Chiraiya P.S. Case No. 263 of 2019, by a period of four weeks from today.

The present petition stands disposed of with the aforesaid modification in the order dated 16.11.2019. (Mohit Kumar Shah, J) Ajay/- U T