Patna High CourtCR. MISC./3661/2020allowed

Saryug Kushwaha v. The State Of Bihar

2020-07-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3661 of 2020 In CRIMINAL APPEAL (SJ) No.4709 of 2019 Arising Out of PS. Case No.-129 Year-2017 Thana- DHANAHA District- West Champaran ====================================================== 1.

Saryug Kushwaha, Son of Late Samshubhag Kushwaha Resident of VillageMurgahwa, P.S.- Dhanaha, Distt- West Champaran. 2.

Bipat Kushwaha Son of Late Samshubhag Kushwaha Resident of VillageMugahwa, P.S.- Dhanaha, Distt- West Champaran. 3.

Prem Kushwaha Son of Sri Saryug Kushwaha Resident of VillageMugahwa, P.S.- Dhanaha, Distt- West Champaran. 4.

Prahlad Kushwaha Son of Sri Saryug Kushwaha Resident of VillageMugahwa, P.S.- Dhanaha, Distt- West Champaran. 5.

Joniya Devi, Wife of Sri Saryug Kushwaha Resident of Village- Mugahwa, P.S.- Dhanaha, Distt- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-07-2020 Heard Mr. Umesh Chandra Verma, learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek modification of the order dated 05.11.2019 passed by a Bench of this Court in Cr. APP (SJ) No. 4709 of 2019.

By the aforesaid order, the petitioners were granted anticipatory bail but subject to their surrender before the court below within a period of six weeks of

Patna High Court CR. MISC. No.3661 of 2020(2) dt.01-07-2020 2/2 the passing of the order.

Learned counsel for the petitioners submits that due to some unavoidable circumstance they could not surrender within the stipulated period.

For the reasons stated in the petition, the prayer is allowed.

The order dated 05.11.2019 is modified to the extent that if the petitioners surrender before the court below within a period of six weeks from today, they shall be released on anticipatory bail on the same terms and conditions as directed earlier on 05.11.2019. The order dated 05.11.2019 stands modified to the extent indicated above.

The modification petition stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T