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Patna High CourtCR. MISC./29873/2020allowed

Anirudh Anand Gupta @ Anirudh Gupta v. The State Of Bihar

2020-11-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29873 of 2020 In CRIMINAL MISCELLANEOUS No.24774 of 2020 Arising Out of PS. Case No.-611 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== ANIRUDH ANAND GUPTA @ ANIRUDH GUPTA Son of Anand Gupta Resident of Village- 203 Legacy Chs, Off, Dada Bhai Road, Near Tehsildar Office Andheri (West), P.S.- Andheri (West), Mumbai, Maharashtra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brisketu Sharan Pandey, Adv.

For the Opposite Party/s :

Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual court proceedings.

Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

This modification application has been filed to modify the order dated 24.09.2020 passed in Cr. Misc. No. 24774 of 2020 wherein this Court has directed to "issue notice to Opposite Party No. 2 through Registered cover with AD as well as by ordinary process, for which requisite etc. must be filed

Patna High Court CR. MISC. No.29873 of 2020(2) dt.11-11-2020 2/2 within two weeks after the physical court start functioning. Learned counsel for the petitioner submits that this Court has published a gazette notification dated 23.09.2020 which permits communication through email as valid mode of service.

In the facts and circumstances of the case and the averments made in this application, petitioner is permitted to serve notices through what's app and email.

Accordingly, the order dated 24.09.2020 passed in Cr. Misc. No. 24774 of 2020 is modified to the extent as indicated hereinabove and this application is allowed.

Vide order dated 20.08.2020, petitioner was granted bail in the event of arrest or surrender before the Court below within a period of three months from the date of receipt of the order which will be expired on 20.11.2020. Therefore, the petitioner is further granted one month time to surrender before the learned court below from the date of receipt of the order. List the Cr. Misc. No. 24774 2020 on 02.12.2020. (Anjani Kumar Sharan, J) devendra/- U T