Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23611 of 2022 In CRIMINAL MISCELLANEOUS No.35622 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Sumit Kumar S/O Dipak Singh R/O Village- Senduar, P.S.- Janta Bazar, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udit Narayan Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-05-2022 Heard Mr. Udit Narayan Singh, learned Advocate for the petitioner and learned Additional Public Prosecutor representing the State.

The petitioner seeks modification of the order dated 09.08.2021 passed in Cr. Misc. No. 35622 of 2019. Learned counsel for the petitioner has submitted that though a letter was sent to the petitioner through post but, at the relevant time, as he had gone to Surat for his livelihood. He thus could not be communicated about the order dated 09.08.2021 granting provisional bail to him and, therefore, he could not surrender within the stipulated time before the court below to take advantage of the order.

For the reasons stated in the application, the prayer for

Patna High Court CR. MISC. No.23611 of 2022(2) dt.11-05-2022 2/2 extension of time for surrendering of the petitioner before the court below is allowed.

The order dated 09.08.2021 is modified to the extent that if the petitioner, above named, surrender before the learned court below within a period of six weeks from today, he will be accorded the privilege under the aforesaid order on the same terms and conditions.

With the aforesaid modification, the application stands allowed.

(Ashutosh Kumar, J) rishi/- U T