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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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