Patna High CourtCR. MISC./11938/2021disposed

Jamaluddin Khan @ Jamalu Khan v. The State Of Bihar

2021-04-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11938 of 2021 In CRIMINAL MISCELLANEOUS No.25441 of 2020 Arising Out of PS. Case No.-150 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Jamaluddin Khan @ Jamalu Khan, S/o Late Jahur Khan, Resident of Village- Ujari Sikathi, P.S.- Bhabua, District- Kaimur at Bhabua. 2.

Salin Khan @ Khalil Khan @ Salim Khan, Son of Jamaluddin Khan @ Jamlu Khan, Resident of Village- Ujari Sikathi, P.S.- Bhabua, DistrictKaimur at Bhabua. 3.

Samir Khan, Son of Jamaluddin Khan @ Jamlu Khan, Resident of VillageUjari Sikathi, P.S.- Bhabua, District- Kaimur at Bhabua. 4.

Sheru Khan, Son of Jamaluddin Khan @ Jamlu Khan, Resident of VillageUjari Sikathi, P.S.- Bhabua, District- Kaimur at Bhabua. 5.

Tamir Khan @ Taumir Khan, Son of Jamaluddin Khan @ Jamlu Khan, Resident of Village- Ujari Sikathi, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-04-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State. This application has been filed for modification of order dated 16.10.2020 passed in Criminal Misc. No. 25441 of 2020.

Patna High Court CR. MISC. No.11938 of 2021(2) dt.07-04-2021 2/2 Learned counsel for the petitioners submits that vide order dated 16.10.2020 passed in Criminal Misc. No. 25441 of 2020, the petitioners were ordered to be released on bail in the event of arrest and surrender before the court below within a period of four weeks in connection with Bhabua P.S. Case No. 150 of 2020, pending in the court of Chief Judicial Magistrate, Kaimur at Bhabua, but due to some unavoidable circumstances, petitioner nos. 2 and 5, namely, Salin Khan @ Khalil Khan @ Salim Khan and Tamir Khan @ Taumir Khan, could not surrender before the court below within the stipulated time, while petitioner nos. 1, 3 and 4 have surrendered in the court below within the stipulated time and their bail bond have been accepted by the trial court.

In view of the above submission, the period of surrender of petitioner nos. 2 and 5 is extended for four weeks further from today. The order dated 16.10.2020 passed in Criminal Misc. No. 25441 of 2020 is modified to the said extent. Accordingly, this application is disposed of. (Rajendra Kumar Mishra, J) Bhardwaj/- U T