Mahendra Das @ Mohendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36152 of 2021 In CRIMINAL MISCELLANEOUS No.54795 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- AMARPUR District- Banka ====================================================== 1.

MAHENDRA DAS @ MOHENDRA DAS Son of Late Kaleshwar Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka. 2.

Rajendra Das @ Rojendra Das Son of Kaleshwar Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka. 3.

Manak Das @ Manakwa Das Son of Late Kaleshwar Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka. 4.

Karma Das @ Karman Das Son of Chetu Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka. 5.

Lalit Das Son of Chetu Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka.

6.

Chhotu Kumar @ Chhotu Das Son of Nanku Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka. 7.

Punam Devi Wife of Rajendra Das @ Rojendra Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka. 8.

Nand Kishore Das @ Nankeshwar Das Son of Late Chetu Das Resident of Village - Chhapariyadih, P.S. - Fullidumar, District - Banka. 9.

Mallu Das @ Bhallu Das Son of Nand Kishore Das @ Nankeshwar Das Resident of Village - Kediya, P.S. - Fullidumar, District - Banka. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Umesh Das Son of Chutaki Das Resident of Village - Koriyandha, TolaAmbedkar Nagar, Ward No. 1, P.O. Chutiya, P.S. and District - Banka Mobile No. 8292921093.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. S.M. Rahman, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-08-2021 Heard the parties through video conferencing. As prayed for, let the learned counsel appearing for

Patna High Court CR. MISC. No.36152 of 2021(2) dt.04-08-2021 2/3 the petitioners remove the defect(s), as pointed out by the office vide its notes dated 17.06.2021, within four weeks of starting of Court proceeding in physical mode in normal course. This application is filed for modification of order dated 03.09.2019 passed in Criminal Miscellaneous No. 54795 of 2019 under which the petitioners were allowed privilege of pre-arrest bail.

Learned counsel appearing on behalf of the petitioners submits that petitioners have been granted pre-arrest bail on 03.09.2019 passed in Criminal Miscellaneous No. 54795 of 2019 with a direction to surrender before the court below within a period of six weeks in connection with Amarpur (Fullidumar) P.S. Case No. 206 of 2019, pending in the Court of learned Chief Judicial Magistrate, Banka, but due to some unavoidable circumstances, petitioners could not surrender before the court below within the stipulated time. In such view of the matter, let the time to surrender of the petitioners, as ordered on 03.09.2019 passed in Criminal Miscellaneous No. 54795 of 2019 be further extended by four weeks from today.

Accordingly, the modification application is allowed and the order dated 03.09.2019 passed in Criminal

Patna High Court CR. MISC. No.36152 of 2021(2) dt.04-08-2021 3/3 Miscellaneous No. 54795 of 2019 is modified to the above extent.

This application is stands disposed of.

(Rajendra Kumar Mishra, J) manish/- U T