This order modified an earlier anticipatory bail order, extending the surrender period by six weeks for the petitioners in a PS case due to unavoidable reasons failing to meet the original twelve-week deadline.
Extension of surrender period by six weeks from the date of receipt/production of a copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12801 of 2023
In
CRIMINAL MISCELLANEOUS No.5274 of 2021
Arising Out of PS. Case No.-154 Year-2020 Thana- PATEPUR District- Vaishali
======================================================
... ... Petitioners
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioners : Mrs. Bela Singh, Advocate For the Opposite Party : Mr. Anil Kumar Singh No. 1, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 26-04-2023
A.P.P. for the State.
The present application has been filed for modification of the order dated 09.08.2021, passed in Cr. Misc. No. 5274 of 2021, by which the petitioners were granted anticipatory bail in connection with Patepur P.S. Case No. 154 of 2020, pending in the court of learned A.C.J.M.-III, Vaishali at Hajipur, and the petitioners were directed to surrender in the court below within a period of twelve weeks.
Learned counsel for the petitioners submits that due to some unavoidable reasons the petitioners could not surrender in the court below well within time. It is further submitted that
Patna High Court CR. MISC. No.12801 of 2023(2) dt.26-04-2023 2/2
further time may be extended so that the petitioners could surrender in the court below.
Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners in the court below is extended for a further period of six 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 09.08.2021 passed in Cr. Misc. No. 5274 of 2021, is modified to the extent as indicated above.
The present application is disposed of.
Let this order be communicated to the learned court below through e-mail.
U.K./- U T
(Sudhir Singh, J)
2 issues framed by the court
Whether the period for surrender can be extended beyond the original twelve weeks.
Whether a modification order under Cr. Misc. No. 5274 of 2021 should be granted due to unavoidable reasons.
Kumod Devi
Ram Naresh Jha
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
