Patna High CourtCR. MISC./2455/2020allowed

Kamlesh Kumar v. The State Of Bihar

2020-09-09Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 2455 of 2020 In CRIMINAL MISCELLANEOUS No 75028 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== KAMLESH KUMAR S/o Ram Sobhit Singh R/o village- Kashipur, P.S.- Rajapakar (Baranti O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Mukesh Kumar, Advocate For the Opposite Party/s :

Mr Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-09-2020 This case has been taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

This application has been filed for modification of the order dated 20.12.2018 passed in Cr Misc No 75028 of 2018. Learned counsel for the petitioner submits that due to reasons beyond his control, the petitioner could not avail benefit of the same order as he was not released by his employer at Nagpur. Nearly one year, after the anticipatory bail application was allowed, he was able to approach his counsel and then he came to know that the time (four weeks), for availing the benefit

Patna High Court CR. MISC. No.2455 of 2020(2) dt.09-09-2020 2/2 of order dated 20.12.2018, has become redundant for the petitioner. He, thereafter, filed this application seeking modification of the time granted under the order dated 20.12.2018.

The prayer of petitioner is accepted, however, with a rider that he must avail the benefit of order dated 20.12.2018 within two weeks from today.

The petitioner would be obliged to remain present/represented on each and every date in the proceedings in the Court below failing which the Court below would be at liberty to take appropriate steps, as per judicial discretion. This application stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U T