Patna High CourtCR. MISC./77607/2019disposed

Kunal Kumar v. The State Of Bihar

2020-01-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77607 of 2019 In CRIMINAL MISCELLANEOUS No.34383 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Kunal Kumar Son of Shyam Kishor Sharma Resident of Village - Mohammadpur, Patani, P.S.- Pakahikhas, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Kumari Chandna, Adv.

For the Opposite Party :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2020 This application has been filed for modification of the order dated 27.05.2019 passed in Cr. Misc. No. 34383 of 2019 whereby the petitioner has been granted bail in connection with Kaji Mohammadpur P.S. Case No. 60 of 2019.

It is submitted by learned counsel for the petitioner that the petitioner, apprehending his arrest in connection with Kaji Mohammadpur P.S. Case No. 60 of 2019, had moved this Court for bail under Section 438 of the Cr.P.C.. By order dated 27.05.2019, bail had been granted to the petitioner with a direction to him to surrender in the court below within a period of four weeks. It is further submitted that as the petitioner fell ill and was suffering from jaundice, he could not comply with the

Patna High Court CR. MISC. No.77607 of 2019(2) dt.29-01-2020 2/2 directions as contained in the order dated 27.05.2019 and, thus, could not surrender within the time fixed therein. It is, thus, prayed that the time to surrender as granted vide order dated 27.05.2019 may be suitably extended.

Having heard learned counsel for the petitioner as also learned APP for the State and having gone through the averments made by the petitioner in the modification application, order dated 27.05.2019 passed in Cri. Misc. No. 34383 of 2019 is modified to the extent that in case, petitioner surrenders in the court below within a period of three weeks from today, he shall be enlarged on bail on the terms mentioned in the order dated 27.05.2019.

The modification application stands allowed to the above extent.

(Partha Sarthy, J) sushma/- U T