Vijay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25155 of 2021 In CRIMINAL MISCELLANEOUS No.23734 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Vijay Sahani, Son of Shokhnath Sahani, Resident of Village - Kothiya, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-08-2021 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks modification of the order dated 01.10.2020 passed in Cr.Misc. No.23734 of 2020, whereby though he has been granted anticipatory bail, but could not surrender within the stipulated period and thus prays for extension of time for surrender in connection with Excise Case No.60 of 2020 arising out of Prosecution Report No.5 of 2020 in the court below.

Learned counsel for the petitioner submits that apart

Patna High Court CR. MISC. No.25155 of 2021(2) dt.25-08-2021 2/2 from the reasons stated in the petition, he is under instruction that for want of bailor during pandemic, petitioner could not avail of the bail order dated 01.10.2020 passed in Cr.Misc. No.23734 of 2020 within time, and he seeks modification to the extent the time for surrender be extended.

Learned APP has appeared through virtual mode. Accepting the said submissions, this Court would grant the petitioner two weeks' further time from today for surrendering in the court below in compliance of the order dated dated 01.10.2020 passed in Cr.Misc. No.23734 of 2020. The order dated 01.10.2020 passed in Cr.Misc. No.23734 of 2020 shall stand modified to the above extent. The modification application is allowed.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T