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Patna High CourtCR. MISC./26837/2020disposed

Basant Kumar Singh @ Basant Kumar v. The State Of Bihar

2020-11-24Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26837 of 2020 In CRIMINAL MISCELLANEOUS No.8633 of 2020 Arising Out of PS. Case No.-226 Year-2019 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

BASANT KUMAR SINGH @ BASANT KUMAR Son of Rajesh Singh Resident of Village- Rampur Kala, P.S.- Phulwariya, District- Gopalganj. 2.

Rajan Kumar Singh @ Rajan Kumar Son of Rajesh Singh Resident of Village- Rampur Kala, P.S.- Phulwariya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 The present petition 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 Sri Navin Kumar Pandey, the learned APP for the State.

The present petition has been filed for modifying the order dated 24.06.2020 passed in Criminal Miscellaneous No. 8633 of 2020 to the

Patna High Court CR. MISC. No.26837 of 2020(2) dt.24-11-2020 2/3 extent that the time granted for surrendering before the learned court below in order to avail the privilege of anticipatory bail, as granted by this Court, be extended by a further period of four weeks.

The learned counsel for the petitioners has submitted that on account of the prevailing pandemic situation due to COVID 19, the petitioners could not surrender before the learned court below, hence, they be shown some mercy and the period for surrendering before the court below be extended.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioners and taking into account the averments made in the present petition, I deem it fit and proper to grant four weeks' further time from today to the petitioners herein to surrender before the learned court of Additional Chief Judicial Magistrate-IX, Gopalganj in

Patna High Court CR. MISC. No.26837 of 2020(2) dt.24-11-2020 3/3 connection with Phulwaria P.S.Case No. 226 of 2019, in order to avail the privilege of anticipatory bail, granted earlier by this Court vide order dated 24.06.2020. Accordingly, the order dated 24.06.2020 stands modified.

The present petition stands disposed of.

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