Nitish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1746 of 2022 In CRIMINAL MISCELLANEOUS No.20388 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.

NITISH PASWAN Son of Krishna Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

2.

Pintu Paswan Son of Prahlad Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

3.

Ajit Paswan Son of Vasudev Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

4.

Sanjit Paswan Son of Vasudev Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

5.

Vinod Paswan Son of Sukhdeo Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

6.

Chandan Paswan Son of Shivpujan Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

7.

Harinand Paswan @ Harinandan Paswan Son of Vasudeo Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya. 8.

Rintu Paswan Son of Prahlad Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

9.

Sagar Paswan Son of Dularchand Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

10.

Harsingh Paswan Son of Santoshi Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

11.

Chandan Paswan Son of Harinandan Paswan Resident of Village- Tepa, P.S.- Tekari, and District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

Patna High Court CR. MISC. No.1746 of 2022(2) dt.19-01-2022 2/3 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 APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The present application has been filed for modification of the order dated 13.04.2021 passed in Cr.Misc.No. 20388 of 2021, by which the petitioners were granted anticipatory bail in connection with Tekari (Panchanpur O.P.) P.S. case No.172 of 2020, pending in the court of Additional Chief Judicial Magistrate VI, Gaya and the petitioners were directed to surrender in the court below within a period of six 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

Patna High Court CR. MISC. No.1746 of 2022(2) dt.19-01-2022 3/3 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.

The order dated 13.04.2021 passed in Cr.Misc.No. 20388 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T