Sanjay Rai @ Sanjay Kumar Ray, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4552 of 2019 In Civil Writ Jurisdiction Case No.1438 of 2019 ====================================================== Sanjay Rai @ Sanjay Kumar Ray, S/o Baliram Ray, Resident of MohallaMunicipal Chowk, P.S. - Town Chapra, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The Collector- Cum- District Magistrate, Saran, Chapra. 3.

The Superintendent of Police, Saran, Chapra.

4.

The Excise Superintendent Saran Chapra.

5.

The Sub divisional Officer, Chapra, Saran.

6.

The Station House Officer, Chapra Town, Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Vivek Prasad (Gp 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-05-2025 The present MJC is filed for modification of the order dated 17.05.2019 passed in CWJC No. 1438 of 2019 only to the extent of extending the time limit stipulated for the purpose of filing appeal before the Appellate Authority insofar as provisional release of the subject premises. Co-ordinate Bench has passed order on 17.05.2019 and time lapses in the month of June, 2019 whereas the present MJC is filed in the month of May, 2020. The petitioner's advocate has taken time to remove office objection till 20.06.2024. In other words, office

Patna High Court MJC No.4552 of 2019(3) dt.08-05-2025 2/2 has raised objections/defects on 25.02.2020. There is no application for delay in re-filing. That apart if COVID period is taken into consideration, in that event, COVID period was over on 28.02.2022. Thereafter, petitioner/advocate slept over the file from 01.03.2022 to 20.06.2024 insofar as not attending the office defect(s). However, in the interest of litigant order dated 17.05.2019 passed in CWJC No. 1438 of 2019 stands modified insofar as time limit stipulated to file appeal 30 days to that of "eight weeks from today". To the above extent order dated 17.05.2019 passed in CWJC No. 1438 of 2019 stands modified.

2. Hence, the present MJC No. 4552 of 2019 is allowed subject to payment of cost of Rs. 5000/- (Rupees Five Thousand). Cost shall be remitted in the Lawyers' Association Welfare Benevolent Fund, Patna bearing Account No. 7801893276, IFSC Code- IDIB000l501 within in a period of eight weeks from today.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U