Lalit Sharan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7472 of 2021 In CRIMINAL MISCELLANEOUS No.2064 of 2020 Arising Out of PS. Case No.-221 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== LALIT SHARAN SINGH S/o Late Shyamu Singh Resident of Rajpur, P.S.- Rajpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Apurva Kumar For the Opposite Party/s :

Mr. Nirmal Kumar Sinha For the BISCOMAUN :

Mr. Ashish Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2021 Heard learned Counsel for the petitioner, learned Counsel for the BISCOMAUN and learned Additional Public Prosecutor for the State.

This application has been filed for modification of the order, dated 28.02.2020, passed in Criminal Misc. No. 2064 of 2020, whereby the present petitioner has been granted privilege of anticipatory bail subject to the conditions that the petitioner shall surrender before the learned Court below within a period of four weeks from the date of the order, the petitioner shall pay a sum of Rs. 11,29,781/- less the amount already paid by the petitioner, to the BISCOMAUN if any, within a period of six months from the date of order and further that at the time of

Patna High Court CR. MISC. No.7472 of 2021(4) dt.24-02-2021 2/3 surrender, the petitioner shall pay a sum of Rs. 1.5 lakhs to the BISCOMAUN.

Learned Counsel for the petitioner submits that the petitioner has deposited a sum of Rs. 1,50,000/- to the BISCOMAUN, but due to COVID-19 situation, the petitioner neither surrendered before the learned Court below within the time granted by this Court nor made the payment of balance amount against the total due amount of Rs. 11,29,781/- less the amount already paid by the petitioner, to the BISCOMAUN, as directed by this Court. He accordingly prays that the time for surrendering before the learned Court below and payment of balance amount may be extended keeping in view the COVID19 situation that prevailed starting from March, 2020 and in the interest of justice.

On the other hand, learned Counsel for the BISCOMAUN opposed the prayer for extension of time sought by the petitioner and submits that the petitioner has deposited a sum of Rs. 1,50,000/- to the BISCOMAUN, but for the payment of balance amount, only four months may be granted to the petitioner inasmuch as it was an offer made by the petitioner himself and thereafter the condition for payment of Rs. 11,29,781/- less the amount already paid by the petitioner, to the

Patna High Court CR. MISC. No.7472 of 2021(4) dt.24-02-2021 3/3 BISCOMAUN within a period of six months was imposed by this Court.

Having regard to the submissions made on behalf of the parties, let the time granted by this Court to surrender before the learned Court below by order, dated 28.02.2020, passed in Criminal Misc. No. 2064 of 2020, is hereby extended by further three weeks from today. Further, the time granted to the petitioner by this Court for payment of Rs. 11,29,781/- less the amount already paid by the petitioner, to the BISCOMAUN, is also extended by further six months from today. Accordingly, this application is allowed to the extent indicated above.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √