Maheshwari Prasad Yadav @ Maheshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13272 of 2021 In CRIMINAL MISCELLANEOUS No.10488 of 2020 Arising Out of PS. Case No.-802 Year-2017 Thana- SAHARSA District- Saharsa ======================================================

1. Maheshwari Prasad Yadav @ Maheshwari Yadav ( Male) aged about 73 years son of Late Rajeshwar Yadav resident of Village - Sukhasan, P.S. and District - Saharsa

2. Kanchan Devi, (Female), aged about 32 years wife of Shailendra Yadav, resident of Village - Sukhasan, P.S. and District - Saharsa.

3. Sanjan Devi (Female) aged about 32 years wife of Dipendra Yadav, resident of Village - Sukhasan, P.S. and District - Saharsa

4. Sachendra Yadav @ Sachen Yadav Male, aged about 43 years son of Maheshwari Yadav @ Maheshwari Prasad Yadav, resident of Village - Sukhasan, P.S. and District - Saharsa.

5. Bibhash Kumar @ Bibhash Yadav @ Vibhash Yadav Male, aged about 20 years son of Daya Kishor Yadav, resident of Village - Sukhasan, P.S. and District - Saharsa.

6. Sulekha Devi, Female, aged about 40 years wife of Sachendra Yadav @ Sachen Yadav, resident of Village - Sukhasan, P.S. and District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2021 Heard learned counsel for the petitioner and Mr. Khurshid Anwar, learned A.P.P. for the State through video conferencing.

The present modification application has been filed for modification of the order dated 19.6.2020 passed in Cr. Misc. No. 10488 of 2020 to the extent that the time period for surrender of the petitioners be extended by further two weeks and further for correction in the operative portion of the order to the extent that instead of "to the satisfaction of learned Chief Judicial Magistrate, Saharsa", it has inadvertently been incorrectly typed as "to the satisfaction of learned Sub-

Patna High Court CR. MISC. No.13272 of 2021(2) dt.28-07-2021 2/2 Divisional Judicial Magistrate, Saharsa".

Learned counsel for the petitioners submits that due to COVID -19 Pandemic the petitioners could not surrender before the Court below within time for furnishing bail bonds and this modification application was filed on 12.1.2021. Having heard learned counsel for the parties and taking into consideration the submissions made by learned counsel for the petitioners, the order dated 19.6.2020 passed in Cr. Misc. No. 10488 of 2020 is modified to the extent that time granted for surrender of the petitioners is extended by further two weeks.

The operative portion of the order dated 19.6.2020 is also modified to the extent that in place of "to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saharsa" it may be read as "to the satisfaction of learned Chief Judicial Magistrate, Saharsa".

(Anil Kumar Sinha, J) praful/- U T