Arbind Kumar Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.21628 of 2018 (3) dt.11-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21628 of 2018 ======================================================

1. Arbind Kumar Singh (Deceased) S/o Late Rameshwar Singh,

2. Bhola Kumar Singh,

3. Shankar Kumar Singh @ Shankar Singh,

4. Rakesh Kumar Singh @ Rakesh Singh All three are Sons of Bhuneshwar Rai,

5. Mithun Singh,

6. Harendra Kumar Singh @ Harendra Singh, Both Sons of Tribeni Singh, All R/o Vill.- Kaupa, P.S.- Akorhigola, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2018 Heard both sides.

This criminal miscellaneous petition is filed for modification of the order dated 04.01.2018 passed in Cr. Misc. No.57384 of 2017.

Learned counsel for the petitioner submits that petitioner No.1, Arbind Kumar Singh died but he was not knowing this fact, therefore, the name of petitioner No.1 be expunged from the order dated 04.01.2018 as he died prior to the order dated 04.01.2018. It is further submitted that other accused persons could not surrender in the court below in pursuance of the order dated 04.01.2018 on account of sudden death of Arbind Kumar Singh, petitioner No.1.

Patna High Court Cr.Misc. No.21628 of 2018 (3) dt.11-07-2018 Taking into consideration the facts aforesaid, the period of surrender is further extended for four weeks from today. Accordingly, modification petition is allowed. Let this order be read as part of order dated 04.01.2018.

(Prabhat Kumar Jha, J) Saurabh/- U T