Patna High CourtCR. MISC./49802/2021allowed

Mukul Kumar v. The State Of Bihar

2021-09-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49802 of 2021 In CRIMINAL MISCELLANEOUS No.2218 of 2020 Arising Out of PS. Case No.-10 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== MUKUL KUMAR, LATE RAM DAYAL SINGH, RESIDENT OF VILLAGE NATHA CHAK, P.S. DIDARGANJ DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-09-2021 Heard learned counsel for the parties through video conferencing.

The instant application has been filed by the petitioner (petitioner no. 2 in Cr. Misc. No. 2218 of 2020) praying for modification of the order dated 27.2.2020 passed in Cr.Misc. No. 2218 of 2020 whereby while granting bail to the petitioner in connection with Didarganj P.S.Case no. 10 of 2019, the petitioner was directed to surrender in the learned Court below within six weeks.

It is submitted by learned counsel for the petitioner that for reasons mentioned in the petition, which were beyond the control of the petitioner, the petitioner could not surrender within the time fixed and as such the instant modification

Patna High Court CR. MISC. No.49802 of 2021(3) dt.22-09-2021 2/2 application praying for extension of time to surrender. It is further submitted that pursuant to the order dated 8.9.2021 passed in the instant case a sum of Rs.5,000/- has been deposited by the petitioner in the Patna High Court Legal Services Committee and a copy of the receipt thereof has been filed along with the supplementary affidavit. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, the order dated 27.2.2020 passed in Cr. Misc. No. 2218 of 2020 is modified so far as (the petitioner no.2 therein) Mukul Kumar is concerned to the extent that the period fixed therein for the petitioner Mukul Kumar to surrender is extended by a further period of 4 weeks from today, the remaining part of the said order shall remain unchanged.

The modification application stands allowed.

(Partha Sarthy, J) Spd/- U T