Naresh Vishwash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7711 of 2020 In CRIMINAL APPEAL (SJ) No.2325 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- SC/ST District- Madhubani ====================================================== 1.

Naresh Vishwash Son of Sri Nashib Lal Vishwas 2.

Laxmi Vishwash Son of Sri Nashib Lal Vishwas 3.

Nashib Lal Vishwash Son of Khurkhuri Vishwash 4.

Bhagwani Ishar Son of Bihari Ishar All are resident of Village/ Mohalla - Mainhi Panchayat Narendrapur, Police Station - Andhra Math, District - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-07-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State through video conferencing.

This application has been filed for modification of judgment dated 16.11.2019 passed in Cr. Appeal (SJ) No. 2325 of 2019 with regard to extension of period of surrender of the petitioners before the court concerned.

It appears that vide order dated 16.11.2019 passed in Cr. Appeal (SJ) No. 2325 of 2019, this Court while rejecting the prayer of the appellants (petitioners herein) for anticipatory bail in connection with SC/ST P.S. Case No. 19 of 2018 pending in

Patna High Court CR. MISC. No.7711 of 2020(2) dt.01-07-2020 2/2 the court of 1st Additional Sessions Judge, Madhubani, directed them to surrender before the trial court within six weeks from the date of aforesaid judgment and if they do so and make prayer for regular bail, the learned trial court shall consider the regular bail application of the appellants (petitioners herein) on its own merit without being prejudiced by this order, particularly, keeping in mind the factum of land dispute between the parties but for the reasons, mentioned in this application, they could not surrender before the court concerned within the stipulated period.

Let the period of surrender of the petitioners in connection with the aforesaid case before the court concerned be extended for a further period of four weeks from today. In the aforesaid manner, Cr. Misc. No. 7711 of 2020 stands disposed of.

(Hemant Kumar Srivastava, J) Spd/- U T