Chand Mohammad vs The State Of Bihar
2021 Latest Caselaw 4286 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 36092 of 2021
                                Arising out of
                   CRIMINAL MISCELLANEOUS No. 24025 of 2020
          Arising Out of PS. Case No.-109 Year-2019 Thana- POTHIYA District- Kishanganj
      ======================================================

1. Chand Mohammad, age- 35 years, Male, Son of Chhota Motu @ Mohammad Ghuta.

2. Sunil Mohammad @ Md. Sunil, age-38 years, Male, Son of Md. Amlu.

Both are resident of Kharabari, Udgara, Ward No.-9, PS- Pothia, District- Kishanganj.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the State : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioners, which was

allowed.

3. Heard Mr. Sanjeev Kumar Singh, learned counsel for

the petitioners and Mr. Zainul Abedin, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The present petition has been filed seeking

modification of the order dated 02.03.2021 passed in Cr. Misc.

No. 24025 of 2020.

Patna High Court CR. MISC. No.36092 of 2021 dt.24-08-2021

5. Learned counsel for the petitioners submitted that the

petitioners had been granted anticipatory bail in Pothiya PS Case

No. 109 of 2019 by order dated 02.03.2021 passed in Cr. Misc.

No. 24025 of 2020. However, it was submitted that the Court had

granted six weeks' time to the petitioners to surrender before the

Court below, but due to communication gap between the

petitioners and their parvikar, they could not appear before the

Court below within the stipulated period. Thus, prayer was made

to modify the order dated 02.03.2021 passed in Cr. Misc. No.

24025 of 2020, by extending the time granted to appear before the

Court below.

6. Learned APP submitted that the petitioners were

required to be vigilant in the matter.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that there are no wilful or deliberate laches on the part of the

petitioners in not appearing before the Court below within the

time fixed.

8. Accordingly, time granted to surrender before the

Court below in order dated 02.03.2021 passed in Cr. Misc. No.

24025 of 2020, is extended by a further period of six weeks from

today.

Patna High Court CR. MISC. No.36092 of 2021 dt.24-08-2021

9. The rest of the order shall remain unchanged.

10. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T