Allowing the petition for extension of time, the Court modified the antecedent anticipatory bail order to give petitioners four weeks to surrender before the lower court, citing non-communication of the order as the reason for delay. Petition allowed.
Extension of time for surrender granted for a period of four weeks from the date of the order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13640 of 2023
In
CRIMINAL MISCELLANEOUS No.77753 of 2019
Arising Out of PS. Case No.-6 Year-2014 Thana- GAYA COMPLAINT CASE District- Gaya
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... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan, Adv. For the Opposite Party/s : Mr.Shailendra Kumar Singh,
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 17-05-2023 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor representing the State.
The petitioners seek modification of the order dated 06.12.2021 passed in Cr. Misc. No. 77753 of 2019.
Learned counsel for the petitioners has submitted that due to non-communication of the aforesaid order granting anticipatory bail to the petitioners, they could not surrender within the stipulated time before the court below to take advantage of the same.
For the reasons stated in the application, the prayer for
Patna High Court CR. MISC. No.13640 of 2023(2) dt.17-05-2023 2/2
extension of time for surrendering of the petitioners before the court below is allowed.
Accordingly, the order dated 06.12.2021 passed in Cr. Misc. No. 77753 of 2019 is modified to the extent that if the petitioners, above named, surrender before the court below within a period of four weeks from today, they will be accorded the privilege under the aforesaid order dated 06.12.2021 on the same terms and conditions.
With the aforesaid modification, the application stands allowed.
(Ashutosh Kumar, J)
rishi/-
U T
1 issue framed by the court
Whether the petitioners can be granted extension of time to surrender before the court below after non-communication of the anticipatory bail order.
Kiran Devi W/O Dilip Mistri, Dilip Mistri S/O Raghu Mistri
The State of Bihar, Savita Devi D/O Late Kailash Paswan W/O Surendra Pawan
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
