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Patna High CourtCR. MISC./29385/2019allowed

Bimal Kumar Sharma v. The State Of Bihar

2019-05-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29385 of 2019 In CRIMINAL MISCELLANEOUS No.67439 of 2018 Arising Out of PS. Case No.-259 Year-2018 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== BIMAL KUMAR SHARMA, aged about 28 years, Male, Son of Awadh Bihari Sharma, Resident of E-417, Pratap Bihar, Sector - 11, P.S.- Vijay Nagar, Distt - Gaziabad. U.P.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Priyanka Kumari, Wife of Bimal Kumar Sharma, Resident of E-417, Pratap Bihar, Sector - 11, P.S.- Vijay Nagar, Distt - Gaziabad, U.P. At present D/O Pramod Sharma, ward no. 15, G.T. Road, Village - Mohania, P.S.- Mohania, Distt - Kaimur at Bhabua.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Mithilesh Kumar Vidyarthi, Advocate.

For the State :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 05.11.2018 passed in Cr. Misc. No. 67439 of 2018, by which the petitioner was granted anticipatory bail in connection with Mohania P.S. Case No. 259 of 2018, pending in the court of learned J.M. Kaimur at Bhabua and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond. Learned counsel for the petitioner submits that due to

Patna High Court CR. MISC. No.29385 of 2019(2) dt.16-05-2019 2/2 some unavoidable reasons the petitioner could not surrender in the court below well within time. It is further submitted that further time may be extended so that the petitioner could surrender in the court below and furnish bail bond. Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

The order dated 05.11.2018 passed in Cr. Misc. No. 67439 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) U.K./- U T