Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2462 of 2020 In CRIMINAL MISCELLANEOUS No.7972 of 2019 Arising Out of PS. Case No.-448 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== RAKESH KUMAR S/o Ram Sagar Singh R/o village- Kanchanapur, P.S.- Bidupur, District- Vaishali, Owner of Vaisali Pichup Van No. 31GA3039 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoranjan Prasad For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

Earlier the petitioner was granted anticipatory bail vide order dated 05.04.2019 passed in Cr. Misc. No. 7972 of 2019 with a direction to surrender within a period of six weeks. The instant application has been filed by the petitioner for modification of the said order.

It is submitted by learned counsel for the petitioner that admittedly the petitioner is a handicapped person, which would be evident from the order dated 05.04.2019 together with the averments made in this petition as also the certificate issued by the office of Civil Surgeon-cum-Chief Medical Officer, Vaishali, which has been brought on record as Annexure-2 to

Patna High Court CR. MISC. No.2462 of 2020(2) dt.27-02-2020 2/2 this application. Not having knowledge of the order nor any information from the learned advocate conducting the case, he could not surrender within the time directed in the aforesaid order dated 05.04.2019, and as such, the application, praying for extension of time.

Having heard learned counsel for the parties and taking into consideration the facts stated in the petition together with the submissions made, this Court is inclined to extend the time granted by order dated 05.04.2019 to the petitioner to surrender before the Court below to be enlarged on bail. It is directed that in the order dated 05.04.2019 passed in Cr. Misc. No. 7972 of 2019 granting anticipatory bail to the petitioner in connection with Chowk P.S. Case No. 448 of 2018 (Special Case No. 10864 of 2018), the period of time for the petitioner to surrender in the Court below is extended by a further period of four weeks from today. The remaining part of the order dated 05.04.2019 passed in Cr. Misc. No. 7972 of 2019 shall remain the same.

The application stands allowed to the above extent. (Partha Sarthy, J) sushma/- U T