Alok Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 9548 of 2021 (Arising out of Criminal Miscellaneous No. 16969 of 2020) ====================================================== 1.

Alok Shahi, aged about 48 years, Male, S/O Late Birendra Shahi. 2.

Chanda Devi, aged about 40 years, Femala, W/O Alok Shahi. 3.

Abhijeet Kumar @ Abhijieet Shahi, aged about 22 years, male, son of Alok Shahi.

4.

Madhu Kumari daughter of Alok Shahi.

5.

Manisha Kumari, D/O Alok Shahi, All residents of village Siswa Bhumihar, P.S. Yogapatti (Nawalpur), Dist. West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opp. Party/s : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has, though been filed on behalf of the petitioners but the Ld. Counsel for the petitioners has confined the same to the petitioners no. 2 and 4 and it has been

prayed that the time granted to them by this Court to surrender vide order dated 10.09.2020 passed in Cr. Misc. No. 16969 of 2020 be extended by a further period of four weeks. The learned counsel for the petitioner, Shri Sanjeev Kumar submits that on account of prevailing situation due to Covid 19 Pandemic, the petitioners no. 2 and 4 could not surrender, hence, some indulgence be granted in the interest of justice.

The learned APP for the State Ms. Anita Kumari Singh does not oppose the present petition.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, the present petition is allowed and the order dated 10.09.2020 passed in Cr. Misc. No. 16969 of 2020 is modified to the extent that the petitioners no. 2 and 4 would now be entitled to surrender within a further period of four weeks from today, before the learned court of C.J.M., Bettiah, West Champaran in connection with Yogapatti (Nawalpur) P.S. Case No. 219 of 2019, in order to enable them to avail the privilege of anticipatory bail.

The present petition stands disposed of with the

aforesaid modification in the Order dated 10.09.2020, passed in Cr. Misc. No. 16969 of 2020.

(Mohit Kumar Shah, J) Tiwary/-