Ajay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5571 of 2021 In CRIMINAL MISCELLANEOUS No.84646 of 2019 Arising Out of PS. Case No.-1 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

AJAY KUMAR GUPTA Son of Bhu Prakash Gupta Managing Director, Adroit Financial Services Pvt. Ltd., R/o 401/402, 4th Floor, Angel Mega Mall, Kaushambi, P.S.- Kaushambi, Distt.- Ghaiziabad, U.P. 2.

Atul Kumar Gupta Son of Bhu Prakash Gupta Director, Adroit Financial Services Pvt. Ltd., R/o 401/402, 4th Floor, Angel Mega Mall, Kaushambi, P.S.- Kaushambi, Distt.- Ghaiziabad, U.P.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Markandeya Singh Son of Late Sheo Prasanna Singh R/o C/24, Vijay Nagar, Road No. 2, Hanuman Nagar, P.S. Patrakar Nagar, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2021 The present petition has been filed for modifying the order dated 23.01.2020 passed in Criminal Misc. No. 84646 of 2019 to the extent that the time granted to the petitioners for surrendering before the learned court below for the purposes of availing the privilege of anticipatory bail, be extended by a further period of two weeks from today.

Patna High Court CR. MISC. No.5571 of 2021(2) dt.25-01-2021 2/3 The learned counsel for the petitioners has submitted that as far as the petitioner no. 1 is concerned, he was stuck at Dubai on account of COVID-19 pandemic situation and had subsequently come back to India, however, he could not surrender within the time period granted by this Court for the purposes of availing the privilege of anticipatory bail. The learned counsel for the petitioners has further submitted that as far as the petitioner no. 2 is concerned, he got information about the aforesaid order dated 23.01.2020 belatedly and when he had gone to surrender before the learned court below on 20.03.2020, his bail bond was not accepted inasmuch as the time granted by this Court, by the aforesaid order dated 23.01.

2020, to surrender before the learned court below had expired. It is thus submitted that there has been no intentional or delebrate laches on the part of the petitioners, who could not surrender before the learned court below within the stipulated time frame, as fixed by this Court by the aforesaid order dated 23.01.2020 passed in Criminal Misc. No. 84646 of 2019.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners and taking into account the averments made in the present petition, I deem it fit and proper to extend the time

Patna High Court CR. MISC. No.5571 of 2021(2) dt.25-01-2021 3/3 period granted to the petitioners to surrender before the learned court of Additional District & Sessions Judge-XVII, Civil Court, Patna in connection with Misc. Complaint Case No. 1 (C) of 2015, by a further period of two weeks from today. Accordingly, the order dated 23.01.2020 passed in Criminal Misc. No. 84646 of 2019 stands modified to the aforesaid extent.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T