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Patna High CourtCR. MISC./34006/2019allowed

Kaushalendra Kumar @ Kaushlendra Singh v. The State Of Bihar

2019-09-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34006 of 2019 In CRIMINAL MISCELLANEOUS No.67336 of 2018 Arising Out of PS. Case No.-249 Year-2017 Thana- BIKRAM District- Patna ====================================================== Kaushalendra Kumar @ Kaushlendra Singh, aged about 28 years, Male, Son of Shiddeshwar Sharma @ Shudheshwar Singh @ Bhutwan Singh, Resident of Village - Tarwan, P. S.- Naubatpur, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Niraj Kumar, Adv.

For the State :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-09-2019 Heard.

This petition has been preferred on behalf of the petitioner for extension of time to surrender before the Court of learned Special Judge, Excise, Patna in Bikram P. S. Case No. 249 of 2017 in the light of order dated, 03.12.2018 passed in Cr. Misc. No. 67336 of 2018.

Submission on behalf of the petitioner is that the petitioner was granted privilege of anticipatory bail by this Court, vide order, dated 03.12.2018 passed in Cr. Misc. No. 67336 of 2018 with direction to surrender before the court below within four weeks from the date of receipt/production of a copy of that order but before surrender, he was taken into

Patna High Court CR. MISC. No.34006 of 2019(2) dt.18-09-2019 2/2 custody in connection with another case i.e. Naubatpur P. S. Case No. 544 of 2018 on 04.11.2018 and he was released from the custody in the aforesaid case on 14.12.2018 and thereafter, he fell ill, as a result whereof, he could not surrender before the trial court in time.

In view of the aforesaid submission, the period for surrender of the petitioner is extended for further six weeks and, accordingly, it is ordered that petitioner must surrender before the learned Special Judge, Excise, Patna in connection with Bikram P. S. Case No. 249 of 2017 within six weeks from today in the light of order dated 03.12.2018 passed in Cr. Misc. No. 67336 of 2018. Accordingly, the order dated 03.12.2018 passed in Cr. Misc. No. 67336 of 2018 stands modified to the above stated extent. It is made clear that other conditions as mentioned in order, dated 03.12.2018 passed in Cr. Misc. No. 67336 of 2018 shall remain in force.

In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) Rajeev Kumar/- U T