Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10369 of 2021 Arising out of CRIMINAL MISCELLANEOUS No. 69724 of 2019 Arising Out of PS. Case No.-275 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Manoj Rai, aged about 56 years, Male Son of Ram Babu Rai, Resident of Village-Agarpur Ward No.9, PS-Lalganj, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-07-2021 The matter has been heard via video conferencing.

2. Heard Mr. Ranjit Kumar Thakur, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The present application has been filed seeking extension of time which was granted by the Court for surrendering before the Court below after granting anticipatory bail under order dated 16.03.2020 passed in Cr. Misc. No. 69724 of 2019.

4. Learned counsel for the petitioner submitted that unfortunately, the petitioner in spite of having been granted the privilege of anticipatory bail by this Court could not surrender within the six weeks' time granted to do so for the reason that he was suffering from various ailments and also COVID-19 and thereafter, due to the ground situation and transportation problems,

Patna High Court CR. MISC. No.10369 of 2021 dt.28-07-2021 2/2 he could not file the present application also soon thereafter. It was submitted that there was no deliberate or willful delay or laches on his part as the situation was beyond his control and there could have been no reason for him not to appear before the Court below to get bail once indulgence had been granted to him and he was the person who would have suffered.

5. Learned APP submitted that the Court may consider the plea.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the judgement and order dated 16.03.2020 passed in Cr. Misc. No. 69724 of 2019, stands modified to the extent that the time granted to the petitioner to surrender before the Court below for being released on bail, stands extended by a further period of four weeks from today. Rest of the order shall remain unchanged.

7. The petition stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T