Bambam Mishra @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8038 of 2021 In CRIMINAL MISCELLANEOUS No.7570 of 2020 Arising Out of PS. Case No.-343 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== Bambam Mishra @ Ashutosh Kumar, Son of Ramesh Mishra, R/O Village Kalibagh, P.S. - Kalibagh, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-02-2021 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks modification of the order dated 07.07.2020 passed in Cr.Misc. No.7570 of 2020, whereby though he has been granted anticipatory bail, but could not surrender within the stipulated period and thus prays for extension of time for surrender in connection with Yogapatti P.S. Case No.343 of 2019 in the court of learned Additional District & Sessions Judge-1st cum Special Judge, Bettiah, West Chamapran.

Petitioner's counsel submits that due to pandemic situation on account of COVID-19, the litigant were not allowed to enter the Bettiah Civil Court premises and even the

Patna High Court CR. MISC. No.8038 of 2021(2) dt.01-02-2021 2/2 Advocates of Bettiah Bar Associations were not appearing in the court's proceedings. It is in these circumstances that the petitioner has not been able to submit the sureties and surrender in compliance with the order passed in Cr.Misc. No.7570 of 2020 and he seeks modification to the extent the time for surrender be extended.

Having considered the aforesaid circumstances, this Court would grant the petitioner four weeks' further time from today for surrendering in the court below in compliance of the order dated dated 07.07.2020 passed in Cr.Misc. No.7570 of 2020.

The order dated dated 07.07.2020 passed in Cr.Misc. No.7570 of 2020 shall stand modified to the above extent.

The modification application is allowed.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T