Arvind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23590 of 2022 In CRIMINAL MISCELLANEOUS No.22721 of 2021 Arising Out of PS. Case No.-179 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.
ARVIND YADAV Son of Nagina Yadav Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 2.
SANTOSH SAH Son of Radha Sah Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 3.
JAY PRAKASH SAH Son of Dadan Sah Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 4.
DASHRATH PASWAN Son of Rameshwar paswan Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 5.
SONU KAHAR Son of Jitendra Kahar Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 6.
KALLU KAHAR Son of Late Kedar Kahar Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 7.
MUNNA KAHAR Son of Late Kedar Kahar Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 8.
BABU YADAV Son of Lakshan Yadav Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 9.
SHEKHAR YADAV Son of Babunand Yadav Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. 10.
CHANDAN GUPTA Son of Ramesh Gupta Resident of Village - Amara Talab, Police Station - Sasaram (M), District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.
Learned counsel for the petitioners is directed to
Patna High Court CR. MISC. No.23590 of 2022(2) dt.11-05-2022 2/3 remove the defects, as pointed out by the Office, within a period of four weeks.
The present application has been filed for modification of the order dated 05.01.2022 passed in Cr. Misc. No. 22721 of 2021.
Learned counsel for the petitioners submits that inadvertently in the order dated 05.01.2022 passed in Cr. Misc. No. 22721 of 2021, in place of petitioner nos. 1 to 9, petitioner nos. 2 to 10 has been granted anticipatory bail and the bail application in place of petitioner no. 10, the bail application of petitioner no. 1 was dismissed as withdrawn. From perusal of the records, it appears that learned counsel for the petitioners is correct in his submission. It is clarified that by order dated 05.01.2022 passed in Cr. Misc. No. 22721 of 2021, petitioner nos. 1 to 9 were granted anticipatory bail to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 179 of 2018 and the application in respect of petitioner No. 10 was dismissed as withdrawn.
Learned counsel for the petitioner submits that due to aforesaid reason, the petitioner Nos. 1 to 9 could not surrender in the Court below well within time. It is prayed on behalf of the
Patna High Court CR. MISC. No.23590 of 2022(2) dt.11-05-2022 3/3 learned counsel for the petitioners that further time may be extended so that the petitioner nos. 1 to 9 could surrender in the Court below.
Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender in respect of petitioner nos. 1 to 9 in the Court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.
The order dated 05.01.2022 passed in Cr. Misc. No. 22721 of 2021 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T