Patna High CourtCR. MISC./12010/2017disposed

Shambhu Nath Biswas v. The State Of Bihar

2017-03-152 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12010 of 2017 ======================================================

1. Shambhu Nath Biswas S/o Shri Chitranjan Biswas R/o village Kachora, P.S. Kaewa, District Katihar, at presently posted as Assistant Headmaster of Singhara Toli, South (Kadwa), District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The present application for modification of the order dated 01.09.2016 passed in Cr. Misc. No. 27021 of 2016 has been filed for extension of time fixed for deposit of rupees ten lakhs and odd which was directed by this Court vide the earlier order passed on 01.09.2016.

Learned counsel appearing on behalf of the petitioner submits that due to circumstances beyond his control, the aforementioned amount could not be deposited within the time fixed by this Court. He now prays for further extension of three months so that he may be able to honour his undertaking. Learned counsel for the petitioner submits that he shall not seek any further time in this matter.

Considering the aforementioned facts and circumstances and that the delay by the petitioner was occasioned on account of

Patna High Court Cr.Misc. No.12010 of 2017 (2) dt.15-03-2017 P2/2 circumstances beyond his control, let the time fixed in the order dated 01.09.2016 passed in Cr. Misc. No. 27021 of 2016 be extended by a further period of three months, failing which the order dated 01.09.2016 shall stand revoked automatically. With the aforementioned direction, the present modification application stands disposed of.

(Anjana Mishra, J) Saif/- U T