Madhu Kumar @ Madhukar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71918 of 2024 In CRIMINAL MISCELLANEOUS No.45542 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Madhu Kumar @ Madhukar Kumar Son of Umesh Ray @ Bhulli Ray Resident of Village- Uttari Dhamaun, P.S.- Shahpur Patory, Distt.- Samstipur ... ... 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 MOHIT KUMAR SHAH ORAL ORDER 04-10-2024 The present petition has been filed by the petitioner for extending the time granted to him for surrendering before the learned court of 2nd Special Judge (Excise), Samastipur, vide order dated 04.08.2023, passed in Criminal Misc. No. 45542 of 2023, in connection with Shahpur Patori P.S. Case No. 193 of 2023, registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

2.

The learned counsel for the petitioner has submitted that the petitioner could not surrender before the Ld. Trial Court within the time frame prescribed by this Court for the purposes of

Patna High Court CR. MISC. No.71918 of 2024(2) dt.04-10-2024 2/3 being enlarged on anticipatory bail inasmuch as he was stationed out of the State of Bihar for his livelihood, however, when he came to know about the aforesaid order dated 04.08.2023, he found that the time granted for surrendering before the learned Trial Court had already expired, hence he had requested his counsel to file appropriate petition for extension of the time granted to the petitioner to surrender before the learned Trial Court, thus, it is prayed that a sympathetic view be taken and the time granted to the petitioner to surrender before the learned Trial Court for the purposes of being enlarged on anticipatory bail, be extended by a further period of four weeks from today.

3.

Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions of the learned counsel for the petitioner, I deem it fit and proper to extend the time granted to the petitioner, by this Court by an order dated 04.08.2023, by a

Patna High Court CR. MISC. No.71918 of 2024(2) dt.04-10-2024 3/3 further period of four weeks from today, for the purposes of surrendering before the learned Court of 2nd Special Judge (Excise), Samastipur in connection with Shahpur Patori P.S. Case No. 193 of 2023, for availing the privilege of anticipatory bail.

4.

The present petition stands disposed off with the aforesaid modification in the order dated 04.08.2023 passed in Criminal Misc. No. 45542 of 2023.

(Mohit Kumar Shah, J) S.Sb/- U T