Ram Karan Singh @ Ram Karan Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27601 of 2019 In CRIMINAL MISCELLANEOUS No.68842 of 2018 Arising Out of PS. Case No.-7 Year-2010 Thana- ROSERA District- Samastipur ====================================================== Ram Karan Singh @ Ram Karan Sinha, son of Bindeshwar Singh, resident of Village-Shankarpur P.S.-Rosera, District-Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-09-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner seeking modification of the order dated 19.12.2018 passed in Cr. Misc. No.68842 of 2018.

By the aforesaid order dated 19.12.2018 passed in Cr. Misc. No. 68842 of 2018, the petitioner along with seven others were granted pre-arrest bail in the event of their arrest or surrender before the court below within six weeks. Learned counsel for the petitioner contended that the petitioner is employed with East Central Railway. Initially, he was not granted leave in order to appear before the court and

2/3 furnish bail bond and, subsequently, he fell ill and was advised bed rest. He contended that it is because of the unavoidable and compelling circumstances, the petitioner could not appear before the court below within time stipulated by this Court vide order dated 19.12.2018. On the basis of the aforesaid contention, he submitted that the period of six weeks granted to the petitioner to surrender and furnish bail bond before the court below may be extended so that he may furnish bond and sureties to the satisfaction of the court.

Learned counsel for the State does not oppose the prayer for extension of period of surrender granted to the petitioner by this Court vide order dated 19.12.2018. Considering the submissions advanced on behalf of the parties, the order dated 19.12.2018 passed in Cr. Misc. No.68842 of 2018 is modified to the extent that in case, the petitioner surrenders within two weeks from the date of receipt/production of a copy of the order before the court below, he should be released on bail on the same terms as directed by this Court vide order dated 19.12.2018.

The application stands allowed.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been

3/3 restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Sr.

Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Dilip Kumar Roy, learned counsel for the petitioner also on his email.

(v) Let steps be taken by the Sr. Secretary/registry for up-loading of the present order without compromising with the norms of social distancing. kanchan/- (Ashwani Kumar Singh, J) U T