Ajay Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1638 of 2021 In CRIMINAL MISCELLANEOUS No.19420 of 2020 Arising Out of PS. Case No.-716 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== AJAY PATEL Son of Jagarnath Patel Resident of Sakin - Kishunbagh, P.S. bettiah (Town), District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 03.01.2021, within four weeks of starting of Court proceeding in physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

This application has been filed for modification of order dated 18.10.2019 passed in Criminal Miscellaneous No. 64093 of 2019.

Learned counsel appearing on behalf of the petitioner submits that petitioner had been granted prearrest bail on 18.10.2019 passed in Criminal Miscellaneous No. 64093 of 2019 with a direction to surrender before the court below within a period of six weeks in connection with Bettiah (T) P.S. Case No. 716 of 2018, pending in the Court of learned

Patna High Court CR. MISC. No.1638 of 2021(2) dt.17-02-2021 2/2 Chief Judicial Magistrate, West Champaran, Bettiah, but due to some unavoidable circumstances, petitioner could not surrender before the court below within the stipulated time. Thereafter, petitioner filed Criminal Miscellaneous No. 19420 of 2020 for modification of order dated 18.10.2019 passed in Criminal Miscellaneous No. 64093 of 2019, which was allowed on 07.07.2020, but, again, due to some unavoidable circumstances, petitioner could not surrender before the Court below within the stipulated time and prayed four weeks, further, time to surrender before the Court below. In such view of the matter, let the time to surrender of the petitioner as ordered on 18.10.2019 passed in Criminal Miscellaneous No. 64093 of 2019 and order dated 07.07.

2020 passed in Criminal Miscellaneous No. 19420 of 2020 be further extended by four weeks from today. Accordingly, the modification application is disposed of and the order dated 18.10.2019 passed in Criminal Miscellaneous No. 64093 of 2019 and order dated 07.07.2020 passed in Criminal Miscellaneous No. 19420 of 2020 are modified to the above extent.

(Rajendra Kumar Mishra, J) manish/- U T