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Patna High CourtCR. MISC./8661/2023allowed

Nitish Kumar v. The State Of Bihar

2023-03-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8661 of 2023 In CRIMINAL MISCELLANEOUS No.37552 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- AIRPORT District- Patna ====================================================== Nitish Kumar Son of Faku Roy R/O Village- Maudahi (Katesar), Bihata, P.S.- Bihata, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2023 Heard Mr. Pramod Kumar, learned advocate for the petitioner and Mr. Md. Aslam Ansari for for the State. The petitioner seeks modification of the order dated 09.04.2021 passed in Cr. Misc. No. 37552 of 2020 by which the petitioner was granted anticipatory bail with a condition to surrender before the court below within a period of eight weeks from the date of receipt/production of the order. The learned counsel for the petitioner submits that when the order was passed, the petitioner had gone to other State for his livelihood and, thus, he could not be informed about the order granting anticipatory bail to him. For the reasons stated in the application, the prayer for extension of time for surrendering of the petitioner is allowed.

Patna High Court CR. MISC. No.8661 of 2023(2) dt.15-03-2023 2/2 Accordingly, the order dated 09.04.2021 passed in Cr. Misc. No. 37552 of 2020 is modified to the extent that if the petitioner, above named, surrenders before the learned court below within a period of four weeks, to be counted from today, he will be accorded the same privilege under the aforesaid order dated 09.04.2021 on the same terms and conditions. With the aforesaid modification, the application stands allowed.

(Ashutosh Kumar, J) rishi/- U T