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Patna High CourtCR. MISC./52103/2024allowed

Banty Kumar @ Mritunjay Kumar @ Mritunjay Sharma v. The State Of Bihar

2024-10-18Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52103 of 2024 In CRIMINAL APPEAL (SJ) No.3349 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Banty Kumar @ Mritunjay Kumar @ Mritunjay Sharma S/o Brahmdeo Sharma R/o vill - Bhawanipur, P.S. - Jagdishpur, Distt. - Bhagalpur 2.

Kanhay Sharma @ Krishnandan Sharma S/o Narad Sharma R/o vill - Bhawanipur, P.S. - Jagdishpur, Distt. - Bhagalpur 3.

Dilip Sharma S/o Narad Sharma R/o vill - Bhawanipur, P.S. - Jagdishpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Sharma, Advocate For the Opposite Party/s :

Mrs. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-10-2024 This application has been filed seeking extension of time to surrender and furnish bail bonds in connection with Jagdishpur P.S. Case No. 233 of 2019 dated 04.07.2019 registered for the offences under Sections 341, 323, 354, 504, 506, 34 of the Indian Penal Code and Sections 3(i)(r)(s), 3(ii) (va) of the S.C./S.T. Act.

2. It appears that the petitioners were granted privilege of pre-arrest bail vide order dated 16.11.2019 passed in Cr. Appeal (SJ) No. 3349 of 2019. In paragraph '6' of the application, the petitioners have stated that they could not surrender in time because they were living outside the State of

Patna High Court CR. MISC. No.52103 of 2024(2) dt.18-10-2024 2/3 Bihar at Calcutta.

3. The petitioner no. 1, Banty Kumar was in service outside the Bihar at Bangaluru in Railway Department.

4. It is further submitted that the I.O. has filed Chargesheet No. 20 of 2020, but did not find sufficient materials against the petitioners Banty Kumar, Kanhay Sharma and Dileep Kumar, however, learned court below has taken cognizance against all the accused persons.

5. Learned Spl. PP for the State submits that the petitioners were granted privilege of pre-arrest bail by this Court, however, they could not surrender and submit their bail bonds within prescribed period of four weeks.

6. Having heard learned counsel for the petitioners and learned Spl. PP for the State, I am of the view that the petitioners were already granted privilege of pre-arrest bail and they have shown reasons in various paragraphs of the petition for not submitting the bail bonds in the court below within the prescribed period, this Court extends the period to surrender and submit bail bonds by three weeks from today. If the petitioners surrenders and submit their respective bail bonds in terms of the order of this Court, they would be given benefit of order dated 16.11.2019 passed in Cr. Appeal (SJ) No. 3349 of 2019.

Patna High Court CR. MISC. No.52103 of 2024(2) dt.18-10-2024 3/3

7. It is made clear that no further indulgence shall be granted to the petitioners.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Ranjeet/- U T