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Patna High CourtCR. MISC./40684/2021allowed

Kundan Kumar @ D. Vicky @ Vicky Kumar Patel v. The State Of Bihar

2021-08-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40684 of 2021 In CRIMINAL MISCELLANEOUS No.35173 of 2020 Arising Out of PS. Case No.-722 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.

KUNDAN KUMAR @ D. VICKY @ VICKY KUMAR PATEL Son of Ramendra Singh Resident of Village - Gokulpur, P.s.- Kargahar, Distt.- Rohtas.

2.

TRILOKI SINGH Son of Late Ram Sakal Singh Resident of Village - Dharahara, P.s.- Kargahar, Distt.- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

ARJUN RAI Son of Late Lalan Rai Resident of Village - Dharhara, P.O.- Babhani, P.s.- Kargahar, Distt.- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr. Binod Kumar-III, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard Mr. Chhote Lal Mishra, learned Advocate for the petitioners and Mr. Binod Kumar-III, learned APP for the State.

The petitioners seek modification of the order dated 23.03.2021 passed in Cr. Misc. No. 35173 of 2020. By the aforesaid order, the petitioners were directed to be enlarged on bail in the event of their arrest or surrender before the court below within a period of eight weeks from the date of passing of the order.

Learned counsel for the petitioners has

Patna High Court CR. MISC. No.40684 of 2021(2) dt.04-08-2021 2/2 submitted that due to lock-down they 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 extension of time for surrendering of the petitioners before the court below is allowed. The order dated 23.03.2021 is modified to the extent that if the petitioners, above named, surrender before the learned court below within a period of four weeks from today, they will be accorded the privilege under the order dated 23.03.2021 with the same terms and conditions.

With the aforesaid modification, the application stands allowed.

(Ashutosh Kumar, J) krishna/- U T