Patna High CourtCR. MISC./34601/2020disposed

Arun Kumar Sah @ Arun Sah v. The State Of Bihar

2020-12-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34601 of 2020 (Arising out of order dated 15.6.2020 passed in CRIMINAL MISCELLANEOUS No.11722 of 2020) Arising Out of PS. Case No.-186 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== ARUN KUMAR SAH @ ARUN SAH S/o Late Gautam Sah R/o villageBhopatpur, P.S.- Nabiganj,District- Siwan, Presently residing at- Near Apex Bank, Mohalla- Zero, Circle- Zero, District- Lower Subansiri,Arunachal Pradesh- 791120 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned counsel for the State, through video conferencing. The instant application has been filed praying for modification of the order dated 15.6.2020 passed in Cr. Misc. No. 11722 of 2020 for extension of time granted for surrender to the petitioner.

It is submitted by learned counsel for the petitioner that by order dated 15.6.2020 passed in Cr. Misc. No. 11722 of 2020 while granting anticipatory bail to the petitioner in connection with Baikunthpur P.S. Case No. 186 of 2018, this Court had directed the petitioner to surrender within a period of eight weeks. It is submitted that petitioner could not surrender

Patna High Court CR. MISC. No.34601 of 2020(2) dt.23-12-2020 2/2 as he was residing in Arunachal Pradesh for earning his livelihood. The same is also borne out from the address of the petitioner in the petition of Cr. Misc. No. 11722 of 2020. It is further submitted that further on account of Covid pandemic, he could not reach on time and thus, the instant modification application praying for extension of time.

Having heard learned counsel for the parties and hearing the submissions made on behalf of the petitioner, I find that the petitioner has made out a case for grant of extension. The order dated 15.6.2020 passed in Cr. Misc. No. 11722 of 2020 is modified to the extent that the time granted to the petitioner in the said order for his surrender in the Court below for being enlarged on bail is extended by a further six weeks from today.

The remaining part of the order dated 15.6.2020 (Annexure-1) shall remain the same.

The modification application stands allowed to the above extent.

(Partha Sarthy, J) sushma/- U T