MUKESH MALAKAR – Appellant
Versus
The State of Bihar – Respondent
CR. MISC. 5345/2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5345 of 2022
In
CRIMINAL MISCELLANEOUS No.39708 of 2020
Arising Out of PS. Case No.-9 Year-2020 Thana- JAYRAMPUR District- Sheikhpura
======================================================
MUKESH MALAKAR S/o- Gopal Mali Resident of Village- Bhadohkhara,
P.S.- Nawada, District- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s
:
Mr.Harendra Prasad, Advocate
For the Opposite Party/s :
Mrs.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2
09-02-2022
Due to the third wave of COVID-19 Pandemic, the matter
is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’
under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP
for the State through virtual mode.
Learned counsel for the petitioner is directed to remove
the defects, as pointed out by the Office, within a period of four
weeks after restoration of normalcy.
The present application has been filed for modification of
the order dated 23.08.2021 passed in Cr. Misc. No. 39708 of 2020 by
which the petitioner was granted anticipatory bail in connection with
Jairampur P.S. Case No. 09 of 2020 to the satisfaction of Smt.
Sonam Viswas, learned Judicial Magistrate, 1st Class, Sheikhpura and
Patna High Court CR. MISC. No.5345 of 2022(2) dt.09-02-2022
2/2
the petitioner was directed to surrender in the Court below within a
period of twelve weeks.
Learned counsel for the petitioner submits that due to
some unavoidable reasons, the petitioner could not surrender in the
Court below well within time. It is prayed on behalf of the learned
counsel for the petitioner that further time may be extended so that
the petitioner could surrender in the Court below.
Considering the submissions made on behalf of the learned
counsel for the petitioner and the grounds mentioned in the
modification application, the period of surrender of the petitioner in
the Court below is extended for a further period of eight weeks from
the date of receipt/production of a copy of this order. The rest of the
conditions stipulated in the order will be same.
The order dated 23.08.2021 passed in Cr. Misc. No. 39708 of
2020 is modified to the extent as indicated above.
The modification application is, accordingly, allowed.
Pankaj/-
(Sudhir Singh, J)
U
T
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