Manoj Rai vs The State Of Bihar
2021 Latest Caselaw 3738 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 10369 of 2021
                           Arising out of
              CRIMINAL MISCELLANEOUS No. 69724 of 2019
       Arising Out of PS. Case No.-275 Year-2019 Thana- LALGANJ District- Vaishali
 ======================================================

Manoj Rai, aged about 56 years, Male Son of Ram Babu Rai, Resident of Village-Agarpur Ward No.9, PS-Lalganj, District-Vaishali.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :        Mr. Ranjit Kumar Thakur, Advocate
 For the State            :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ranjit Kumar Thakur, learned counsel for

the petitioner and Mr. Md. Arif, learned Additional Public

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

3. The present application has been filed seeking

extension of time which was granted by the Court for surrendering

before the Court below after granting anticipatory bail under order

dated 16.03.2020 passed in Cr. Misc. No. 69724 of 2019.

4. Learned counsel for the petitioner submitted that

unfortunately, the petitioner in spite of having been granted the

privilege of anticipatory bail by this Court could not surrender

within the six weeks' time granted to do so for the reason that he

was suffering from various ailments and also COVID-19 and

thereafter, due to the ground situation and transportation problems, Patna High Court CR. MISC. No.10369 of 2021 dt.28-07-2021

he could not file the present application also soon thereafter. It

was submitted that there was no deliberate or willful delay or

laches on his part as the situation was beyond his control and there

could have been no reason for him not to appear before the Court

below to get bail once indulgence had been granted to him and he

was the person who would have suffered.

5. Learned APP submitted that the Court may consider

the plea.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the

judgement and order dated 16.03.2020 passed in Cr. Misc. No.

69724 of 2019, stands modified to the extent that the time granted

to the petitioner to surrender before the Court below for being

released on bail, stands extended by a further period of four weeks

from today. Rest of the order shall remain unchanged.

7. The petition stands disposed off in the aforementioned

terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T