Sohan Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47605 of 2017 ======================================================
1. Sohan Sah, Son of Bajrangi Sah, Resident of Village- Bara, Police Station- Bihra, District- Saharsa.
2. Jitan Sah, Son of late Chhedi Sah, Resident of Village- Murli, Police Station- Bihra, District- Saharsa.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-11-2017 Heard learned counsel for the petitioners and learned APP for the State.
The present application has been filed for modification of the order dated 03.12.2015 passed in Cr. Misc. No. 54989 of 2015 to the extent of extending the period of surrender.
The petitioners being the brother and brotherin-law (Bahnoi) of the husband of the informant along with others were granted anticipatory bail in a case registered for the offences punishable under Sections 323, 341, 498A, 494, 406 and 506 of the Indian Penal Code.
Considering the fact that the petitioners were
Patna High Court Cr.Misc. No.47605 of 2017 (2) dt.08-11-2017 2/2 granted anticipatory bail on 03.12.2015 whereas the present modification has been filed on 03.10.2017 coupled with the fact that no specific explanation has been given in modification application as to why the petitioners could not furnish bail bonds for about two yearrs, this Court is not inclined to revise the earlier order. However, keeping in view the fact that the petitioners were granted anticipatory bail on merits, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioners surrender before the learned Court below within a period of six weeks from today in connection with Bihra P.S. Case No. 45 of 2015 pending in the Court of learned Judicial Magistrate, Ist Class, Saharsa.
Accordingly, this modification application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T