Patna High CourtCR. MISC./9618/2021allowed

Suman Kumar v. The State Of Bihar

2021-10-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9618 of 2021 In CRIMINAL MISCELLANEOUS No.12159 of 2020 Arising Out of PS. Case No.-959 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUMAN KUMAR S/O SHANKAR SAH R/O VILLAGE SIMRI VASANT PS HATHAURI DISTRICT MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-10-2021 Heard learned counsel for the parties.

The instant application has been filed for modification of the order dated 6.7.2020 passed in Cr. Misc. No. 12159 of 2020 whereby by granting bail to the petitioner in connection with Ahiyapur P.S. Case no. 959 of 2017, the petitioner was directed to surrender in the learned court below within a period of eight weeks.

It is submitted by learned counsel for the petitioner that for reasons beyond the control of the petitioner as also due to restrictions as a result of the Covid 19 pandemic, the petitioner could not surrender within the time fixed and hence the instant application.

It is further submitted that pursuant to the order of

Patna High Court CR. MISC. No.9618 of 2021(3) dt.07-10-2021 2/2 this Court, a cost of Rs. 5,000/- has been deposited by the petitioner with the Patna High Court Legal Services Committee and receipt bearing no. 1264 dated 13.9.2021 has been issued. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the materials on record, the order dated 6.7.2020 passed in Cr.Misc. No. 12159 of 2020 is modified and the time granted therein for the petitioner to surrender is extended by a further period of 6 weeks from today. Remaining part of the aforesaid order dated 6.7.2020 shall remain unchanged.

The modification application is allowed.

(Partha Sarthy, J) Spd/- U T