Sanjay Tatma @ Sanjay Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15771 of 2020 In CRIMINAL MISCELLANEOUS No.74853 of 2019 Arising Out of PS. Case No.-573 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.
SANJAY TATMA @ SANJAY KUMAR DAS Son of Dukhan Tatma Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria. 2.
Ramchander Sah @ Ramchandrar Sah Son of Vidyanand Sah Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria. 3.
Nitesh Kumar Thakur Son of Surjanand Thakur Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria.
4.
Prashant Thakur @ Prashant Kumar Thakur Son of Janardhan Thakur Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria. 5.
Rajendra Sah @ Raju Sah Son of Late Sikrichand Sah Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria.
6.
Gunadhar Kumar @ Gunadhar Mehta @ Uday Mehta @ Uday Kumar Mehta Son of Late Dilip Mehta Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria.
7.
Babloo Sharma Son of Sadanand Sharma Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria.
8.
Surender Das @ Surender Tatma Son of Kaleshwar Tatma @ Kaleshwar Das Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria. 9.
Nishant Kumar Sah Son of Jai Prakash Sah Resident of Village - Mirjapur, P.S.- Simraha, Distt - Araria.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Naushad Uzzoha For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
The instant application has been filed on behalf of the petitioners for modification of the order dated 20.11.2019
Patna High Court CR. MISC. No.15771 of 2020(2) dt.04-03-2020 2/3 (Annexure-1) passed in Cr. Misc. No.74853 of 2019, whereby the nine petitioners had been directed to be enlarged on bail in the event of their arrest or surrender within a period of six weeks.
It is submitted by learned counsel for the petitioners that by the instant application, he prays for modification of the order dated 20.11.2019 so far as the petitioner nos. 2 namely Ramchander Sah @ Ramchandrar Sah and the petitioner no.4 namely, Prashant Thakur @ Prashant Kumar Thakur are concerned. It is submitted that as the petitioner nos.2 and 4 had gone outside the State of Bihar for earning their livelihood, they could not be intimated within time about grant of anticipatory bail and as such could not surrender and furnish bail bonds within the time fixed in the said order.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as stated above, the Court is inclined to modify the order dated 20.11.2019 (Annexure-1) so far as the petitioner no.2 namely, Ramchander Sah @ Ramchandrar Sah and the petitioner no.4 namely, Prashant Thakur @ Prashant Kumar Thakur are concerned. The order dated 20.11.2019 is modified to the extent that in the last paragraph of the said order so far as the period
Patna High Court CR. MISC. No.15771 of 2020(2) dt.04-03-2020 3/3 directing the petitioners to be enlarged on bail in the event of their arrest or surrender in connection with Forbesganj (Simraha) P.S. Case No.573 of 2019 is concerned, the same is extended with respect to petitioner nos. 2 and 4 for a further period of four weeks from today.
The order dated 20.11.2019 stands modified and the application stands allowed to the above extent. (Partha Sarthy, J.) amit/- U T