Deepak Kumar Chaudhary @ Deepak Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36139 of 2022 In CRIMINAL MISCELLANEOUS No.40220 of 2020 Arising Out of PS. Case No.-309 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== DEEPAK KUMAR CHAUDHARY @ DEEPAK KUMAR SAHANI Son of Lakshami Chaudhary Resident of Village - Baluwa Sidhaw, P.S.- Laukaria, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baleshwar Chaudhary Son of Late Laxmi Chaudhary Resident of village - Bagahi Nimiya Tola, P.S. - Bairiya, District - West Champaran. 3.

Punam Devi Daughter of Baleshwar Chaudhary W/O Deepak Kumar Chaudhary @ Deepak Kumar Sahani at present address - Bagahi Nimiya Tola, P.S.- Bairiya, District - West Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The present application has been filed for modification of the order dated 23-08-2021 passed in Cr. Misc. No. 40220 of 2020 by which the petitioner was granted anticipatory bail in connection with Bairiya P.S. Case No. 309 of 2020 pending in the court of learned Additional Chief Judicial Magistrate, Bettiah, West Champaran.

Patna High Court CR. MISC. No.36139 of 2022(2) dt.27-07-2022 2/2 It is submitted on behalf of the petitioner that due to communication gap on the part of advocate's clerk, the petitioner could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions shall remain the same as mentioned in the order dated 23-08-2021 passed in Cr. Misc. No. 40220 of 2020.

The order dated 23-08-2021 passed in Cr. Misc. No. 40220 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T