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Patna High CourtCR. MISC./22245/2021allowed

Pappu Dhangad @ Pappu Kumar v. The State Of Bihar

2021-08-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22245 of 2021 In CRIMINAL MISCELLANEOUS No.8281 of 2020 Arising Out of PS. Case No.-167 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Pappu Dhangad @ Pappu Kumar, Son of Daroga Dhangad, R/o VillageLagunaha, Ward No.10, Karnapatti, Mushar Toli, P.S.- Chanpatia, DisttWest Champaran. 2.

Kishori Dhangad @ Kishor Kumar, Son of Ramesh Dhangad, R/o VillageLagunaha, Ward No.10, Karnapatti,, Mushar Toli, P.S.- Chanpatia, DisttWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Arun Kumart Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-08-2021 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek modification of the order dated 29.02.2020 passed in Cr.Misc. No.8281 of 2020, whereby though they have been granted anticipatory bail, but could not surrender within the stipulated period as they were not in a position to fulfil Condition No.(1) of the bail order dated 29.02.2020 and also pray for extension of time for surrender in connection with Chanpatia P.S. Case No.167 of 2019 in the

Patna High Court CR. MISC. No.22245 of 2021(2) dt.25-08-2021 2/2 court below.

Petitioners' counsel submits that the petitioners' close relatives are not in a position to furnish sureties on account of poverty. It is submitted that Condition No.(I) may be relaxed and in its place, Court may allow bailors to be the local persons. The prayer is allowed.

The order dated 29.02.2020 passed in Cr.Misc. No.8281 of 2020 shall stand modified to the extent that Condition No.(I) may be deemed complied if local bailors are made available by the petitioners. Time for surrendering in the court below is extended by four weeks from today. The modification application is allowed.

This Court would expect that the petitioners' counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T