Udesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7671 of 2022 In CRIMINAL MISCELLANEOUS No.12686 of 2020 Arising Out of PS. Case No.-395 Year-2019 Thana- KORHA District- Katihar ====================================================== 1.

UDESH KUMAR S/o Akhilesh Mahaldar @ Akhilesh Mandal R/oMusapur, P.S.- Korha, Distt- Katihar. 2.

Abhishek Kumar S/o Akhilesh Mahaldar @ Akhilesh Mandal R/o Musapur, P.S.- Korha, Distt- Katihar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of petitioners and learned A.P.P. for the State. This application is filed for Modification of order dated 25.10.2021 passed in Criminal Miscellaneous No. 12686 of 2020.

Learned counsel appearing on behalf of the petitioners submits that vide order dated 25.10.2021 passed in Criminal Miscellaneous No. 12686 of 2020, the petitioners were directed to be released on bail in the event of their arrest or surrender before the court below within the period of four weeks on furnishing the bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned C.J.M. Katihar, in connection with Korha P.S. Case No. 395 of

Patna High Court CR. MISC. No.7671 of 2022(2) dt.16-02-2022 2/2 2019, subject to the conditions laid down under Section 438(2) Cr.P.C., but due to some unavoidable circumstances, petitioner could not surrender before the court below within the stipulated period. He further submits that petitioners are poor daily wagers and illiterate persons.

The present modification application has filed after a delay of three months from the date of order dated 25.10.2021 passed in Criminal Miscellaneous No. 12686 of 2020. From modification application, it appears that petitioners have not given any plausible reason for not surrendering before the Court below and they kept themselves absconding, even after they were released on bail.

In view of the above, the modification application is disposed of. The petitioners are directed to surrender before the Court below by 19.02.2022 and move for regular bail before the Court below and the Court below is directed to dispose of the bail application, if so moved by the petitioners, forthwith on the same day on its own merits.

Accordingly, this application stands disposed of. (Purnendu Singh, J) manish/- U T