Patna High Court/34392/2020allowed

Sudama Mahto @ Sudama Prasad v. The State Of Bihar

2021-03-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34392 of 2020 In CRIMINAL MISCELLANEOUS No.5182 of 2020 Arising Out of PS. Case No.-198 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Sudama Mahto @ Sudama Prasad, aged about 60 years (M), S/o Late Govind Mahto, R/o village Banbag, P.S. Khudaganj, District Nalanda. 2.

Saroj Devi, aged about 55 years (F), W/o Sudama Mahto @ Sudama Prasad, R/o village Banbag, P.S. Khudaganj, District Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brijeshwar Narayan Singh, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2021 Heard the learned counsel for the petitioners and Mr. Navin Kumar, the learned Additional P.P.

The petitioners filed this petition for modification of the order dated 03.03.2020, passed in Cr. Misc. No.5182 of 2020 and for extension of the period of surrender of the petitioner in the court below in pursuance of the aforesaid order. Learned counsel for the petitioners submits that the petitioners were granted anticipatory bail vide order dated 03.03.2020, passed in Cr. Misc. No.5182 of 2020 and directed to surrender in the court below within four weeks from the date of receipt of this order, but from 20.03.2020, there was a lock down and the physical functioning of the court was stopped. The

Patna High Court CR. MISC. No.34392 of 2020(2) dt.01-03-2021 2/2 physical functioning of the court resumed only in the month of November, 2020 and, therefore, the petitioners could not surrender in the court below within time.

Having considered the facts aforesaid, the modification petition is allowed.

The period of surrender of the petitioners is extended by four weeks from today. The petitioners are directed to surrender before the court below within a period of four weeks from today and seek bail in terms of the order dated 03.03.2020, passed in Cr. Misc. No.5182 of 2020.

(Prabhat Kumar Jha, J) S.KUMAR/- U T