Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3156 of 2022 In CRIMINAL MISCELLANEOUS No.12769 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- ATRI District- Gaya ====================================================== 1.

KAMLESH KUMAR Son of Amirak Prasad @ Amirak Yadav Resident of Village- Tetua Tnad, P.S.- Atri, Distridt- Gaya. 2.

Mukesh Kumar Son Rajballav Yadav Resident of Village- Tetua Tand, P.S.- Atri, District- Gaya.

3.

Guddu Kumar @ Guddu @ Sindhu kumar Son of Amirak Prasad @ Amirak Yadav Resident of Village- Tetua Tnad, P.S.- Atri, Distridt- Gaya. 4.

Amirak Prasad @ Amirak Yadav Resident of Village- Tetua Tand, P.S.- Atri, Distridt- Gaya.

5.

Dinesh Kumar Son of Siya Sharan Yadav @ Siya Sharan Prasad Resident of Village- Tetua Taad, P.S.- Atri, Distridt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Counsel for the petitioners is directed to remove the

Patna High Court CR. MISC. No.3156 of 2022(2) dt.02-02-2022 2/3 defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The present application has been filed for modification of the order dated 13.04.2021 passed in Cr.Misc.No. 12769 of 2021, by which the petitioners were granted anticipatory bail in connection with Atri P.S. case No.178 of 2020, pending in the court of A.C.J.M. XIII, Gaya and the petitioners were directed to surrender in the court below within a period of eight weeks.

It is submitted on behalf of the counsel for the petitioners that due to some unavoidable reasons the petitioners could not surrender in the court below well within time. It is further prayed on behalf of the counsel for the petitioners that further time may be extended so that the petitioners could surrender in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners in the court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

Patna High Court CR. MISC. No.3156 of 2022(2) dt.02-02-2022 3/3 The order dated 13.04.2021 passed in Cr.Misc.No. 12769 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T