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Patna High CourtCR. MISC./15775/2020allowed

Siyaram Rishi v. The State Of Bihar

2020-06-30Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15775 of 2020 In CRIMINAL MISCELLANEOUS No.62090 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

SIYARAM RISHI Son of late Boudhi Rishi Resident of Village/Mohalla - Pannuchak, Mushahri, P.S.- Ghogha, Distt - Bhagalpur. 2.

Kameshwar Rishi Son of late Boudhi Rishhi. Resident of Village/Mohalla - Pannuchak, Mushahri, P.S.- Ghogha, Distt - Bhagalpur. 3.

Rohit Rishi Son of Matloo Rishi Resident of Village/Mohalla - Pannuchak, Mushahri, P.S.- Ghogha, Distt - Bhagalpur.

4.

Tara Devi Wife of Jairam Rishi Resident of Village/Mohalla - Pannuchak, Mushahri, P.S.- Ghogha, Distt - Bhagalpur.

5.

Basant Rishi @ Basant Kumar Son of Bhola Rishi Resident of Village/Mohalla - Pannuchak, Mushahri, P.S.- Ghogha, Distt - Bhagalpur. 6.

Janki Devi Wife of Sakaldep Rishi Resident of Village/Mohalla - Pannuchak, Mushahri, P.S.- Ghogha, Distt - Bhagalpur. 7.

Badri Rishi Son of Dhuri Rishi Resident of Village/Mohalla - Pannuchak, Mushahri, P.S.- Ghogha, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2020 Heard Mr. Swapnil Kumar Singh, learned counsel for the petitioners and Mr. Tapeshwar Sharma, learned Additional Public Prosecutor appearing for the State through Video conferencing.

The present application has been filed for modification of the order dated 18.10.2019 passed by this Court

Patna High Court CR. MISC. No.15775 of 2020(3) dt.30-06-2020 2/3 to the extent that time granted by this Court for surrender of the petitioners be extended by further four weeks. Learned counsel for the petitioners submits that during pendency of this case, petitioner No. 1 Siyaram Rishi, son of late Boudhi Rishi and petitioner No. 3 Rohit Rishi son of Matloo Rishi have been arrested and, thus, this application against them have become infructuous.

Accordingly, the application for anticipatory bail in so far as petitioner Nos. 1 and 3 are concerned, is dismissed as having become infructuous.

Learned counsel for the petitioners submits that due to communication gap, the petitioner Nos. 2, 4, 5, 6 and 7 could not surrender before the learned court below in pursuance of the order dated 18.10.2019 passed by this Court for furnishing bail bonds within the stipulated time. He further submits that the time for surrender of the remaining petitioners may be extended by further two weeks.

Having regard to the submissions made by the parties and taking into consideration the facts and circumstances of the case, let the order dated 18.10.2019 passed by this Court be modified to the extent that time granted for surrender of the petitioners is hereby extended by four weeks from today to

Patna High Court CR. MISC. No.15775 of 2020(3) dt.30-06-2020 3/3 enable the petitioner Nos. 2, 4, 5, 6 and 7 to surrender and furnish bail bonds in pursuance of the order dated 18.10.2019. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

This application is, accordingly, disposed of. (Anil Kumar Sinha, J) S.Ali/- U T