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Patna High CourtCR. MISC./69696/2024allowed

Madhu Kumar @ Madhukar Kumar v. The State Of Bihar

2024-09-27Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69696 of 2024 In CRIMINAL MISCELLANEOUS No.47230 of 2023 Arising Out of PS. Case No.-569 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Madhu Kumar @ Madhukar Kumar S/O Umesh Ray @ Bhulli Ray R/O Village- Uttari Dhamaun, P.S- Shahpur Patory, Distt.- Samastipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-09-2024 This application has been filed for modification of order dated 04.09.2023 passed in Cr. Misc. No.47230 of 2023 as well as for extension of time for surrender of the petitioner in the court below.

2. Learned counsel for the petitioner submits that the petitioner was earlier granted anticipatory bail by this Court vide order dated 04.09.2023 passed in Cr. Misc. No.47230 of 2023 but due to the reason that at the time of information, the petitioner was out of station and when he returned back to his house and contacted his counsel of the Lower Court, his counsel was also out of the station due to occasion of Durga Puja. Therefore, the petitioner could not surrender before the court below within the stipulated time.

Patna High Court CR. MISC. No.69696 of 2024(2) dt.27-09-2024 2/2

3. In view of the submissions of learned counsel for the petitioner as well as the averments made in the petition, the petition is allowed. The period for surrender of the petitioner before the court below is extended by six weeks from today.

4. Accordingly, the order dated 04.09.2023 passed in Cr. Misc. No.47230 of 2023 is modified to the extent as indicated above.

(Sunil Dutta Mishra, J) ashishkr/- U T