Alok Kumar Tiwari @ Shantanu Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28074 of 2020 In CRIMINAL MISCELLANEOUS No.78798 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Alok Kumar Tiwari @ Shantanu Kumar Tiwari S/o Late Akhileshwar Tiwari Resident of Mohalla-Purani Exchange Road, Sataydeopuri, Ward No.-18, P.S.-Sitamarhi, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-11-2020 Heard the parties through video conferencing. The instant application has been filed by the petitioner praying for modification of the order dated 18.2.2020 passed in Cr. Misc. no. 78798 of 2019, whereby the petitioner had been granted bail in connection with Complaint Case no. C1/228/2019 pending in the Court of learned Chief Judicial Magistrate, Sitamarhi. While granting bail, the petitioner was directed to surrender within a period of six weeks with effect from the date of passing of the order i.e. 18.2.2020. It is submitted by learned counsel for the petitioner that there was delay in communication of the order by the 'parvikar' to the petitioner.

Further, the petitioner is in military service and on account of difficulty in grant of leave together with the spread of the Covid-19 pandemic, the petitioner could not surrender within the time stipulated. It is submitted that the period to surrender may be extended by a short duration of 10 days and the petitioner shall surrender within the time fixed.

Patna High Court CR. MISC. No.28074 of 2020(2) dt.04-11-2020 2/2 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the submissions made on behalf of the petitioner, the Court is inclined to modify the order dated 18.2.2020 (Annexure-1) to the extent that the time granted to the petitioner in the said order to surrender is extended by a further period of two weeks from today i.e. till 18.11.2020. The remaining part of the order dated 18.2.2020 passed in Cr. Misc. no. 78798 of 2019 shall remain unchanged.

The modification application stands allowed to the above extent.

(Partha Sarthy, J) Prakash/- U