Jairam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47792 of 2021 In CRIMINAL MISCELLANEOUS No.38498 of 2020 Arising Out of PS. Case No.-113 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== 1.

JAIRAM YADAV Son of Rajdeo Yadav Resident of Village- Dalli Bigha, P.S.- Belaganj, District- Gaya.

2.

Jitendar Yadav Son of Chamru Yadav Resident of Village- Dalli Bigha, P.S.- Belaganj, District- Gaya.

3.

Uday Yadav Son of Ganeshi Yadav Resident of Village- Dalli Bigha, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-08-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

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

Patna High Court CR. MISC. No.47792 of 2021(2) dt.25-08-2021 2/3 The present petition has been filed seeking modification of the order dated 31.05.2021, passed in Cr. Misc. no. 38498 of 2020 to the extent that the time granted to the petitioners for surrendering before the learned court of Special Judge, Excise, Gaya in connection with Belaganj PS case no. 113 of 2020, be extended by a further period of four weeks from today in order to enable the petitioners to surrender before the learned court below and seek the privilege of bail.

The learned counsel for the petitioners has submitted that the petitioners could not surrender before the Ld. Court below within the stipulated time fixed by this Court on account of the E-mail being sent belatedly by this Court to the Ld. court below resulting in the Ld. court below not entertaining the petition of the petitioners, however they undertake to surrender within the extended time so fixed by this Court.

The learned APP for the State Sri Kumar Ranjit Ranjan has got no objection.

Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions made by the learned counsel for the petitioner, I deem it fit and proper to extend the time period granted to the petitioner to surrender before the learned court of Special Judge, Excise, Gaya in connection with Belaganj PS case no. 113 of

Patna High Court CR. MISC. No.47792 of 2021(2) dt.25-08-2021 3/3 2020, by a further period of four weeks from today. The present petition stands disposed of with the aforesaid modification in the order dated 31.05.2021, passed in Cr. Misc. no. 38498 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T