Patna High CourtCR. MISC./20228/2023allowed

Mahendra Sah @ Mahinder Sah v. The State Of Bihar

2023-04-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20228 of 2023 In CRIMINAL MISCELLANEOUS No.70604 of 2021 Arising Out of PS. Case No.-434 Year-2021 Thana- SUPAUL District- Supaul ====================================================== Mahendra Sah @ Mahinder Sah aged about 64 years, Male, S/o Late Ajab Sah Resident of Village- Karanpur (Karupur), Ward No.- 06, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azee, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-04-2023 Heard learned counsel for the parties.

The present application has been filed for modification of the order dated 06.06.2022 passed in Cr. Misc. No. 70604 of 2021 by which the petitioner was granted anticipatory bail in connection with Supaul P. S. Case No. 434 of 2021 subject to conditions stated therein. Learned counsel for the petitioner submits that six weeks time from the date of order was granted to the petitioner for surrender but due to living in Bangalore for his livelihood, the petitioner was unable to surrender in the Court below well within time and there is no laches on his part as he had no knowledge about the proceedure. It is prayed on behalf of the

Patna High Court CR. MISC. No.20228 of 2023(2) dt.05-04-2023 2/2 learned counsel for the petitioner that further four weeks time may be extended so that the petitioner could surrender in the Court below within the extended time period.

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 four weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order dated 06.06.2022 will remain same.

The order dated 06.06.2022 passed in Cr. Misc. No. 70604 of 2021 is modified to the extent as indicated above. The modification application is accordingly allowed. (Sunil Dutta Mishra, J) P. Kumar U T