Raj Ballam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25161 of 2021 In CRIMINAL MISCELLANEOUS No.3344 of 2020 Arising Out of PS. Case No.-255 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== 1.

RAJ BALLAM YADAV Son of Devki Yadav Resident of Village - Pratap Bigha, P.S.- Makhadumpur, District - Gaya.

2.

Vivek Kumar Son of Ramswarup Paswan Resident of Village - Shivnagar, P.S.- Amas, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-06-2021 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners have filed the instant application for modification of the order dated 5.3.2020 passed in Cr. Misc. no. 3344 of 2020 whereby while granting anticipatory bail to the petitioners in connection with Chandauti P.S. Case no. 255 of 2018 a direction was given to the petitioners to surrender within a period of six weeks.

It is submitted by learned counsel for the petitioners that the aforesaid order dated 5.3.2020 was pronounced and communicated to the learned Court

Patna High Court CR. MISC. No.25161 of 2021(3) dt.30-06-2021 2/2 below during Holi vacations. Due to Covid-19 lock down period having started, inspite of all efforts the petitioners could not surrender and furnish their bail bond within the time fixed by the Court. It is further submitted that a supplementary affidavit has been filed bringing on record the receipt showing payment of a sum of Rs.5000/ to the Patna High Court Legal Services Committee.

Having herd learned counsel for the parties and on perusing the materials on record, the instant application is allowed and the order dated 5.3.2020 passed in Cr. Misc. no. 3344 of 2020 (Raj Ballam Yadav and anr vs The State of Bihar) is modified to the extent that the time granted to the petitioners to surrender in the Court below is extended by a further period of four weeks from today. Remaining part of the order dated 5.3.2020 shall remain unchanged. The modification application stands allowed to the above extent.

(Partha Sarthy, J) Prakash/- U