Patna High CourtCR. MISC./12413/2016allowed

Dablu @ Sarfuddin And ORS v. The State Of Bihar

2016-03-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12413 of 2016 ======================================================

1. Dablu @ Sarfuddin, son of late Faiyaz Ahmad

2. Zeya Eqbal @ Chunnu son of Md. Mustafa @ Bhola

3. Lal Babu @ Shamim Akhtar son of Late Nurain All residents of Mohalla: Hospital Road, Ganj No. 2, P.S. Bettiah Town, District-West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarendra Nath Verma For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The instant Criminal Miscellaneous has been filed for modification of the order dated 22.01.2015 by extending the time of surrender as the order was not communicated earlier and further, the petitioner No. 2 who used to take care of the case fell seriously ill at Delhi where he had gone for treatment of his brother for Orthopedic surgery, and as such, the petitioners could not surrender earlier and this petition was filed on 18.05.2015.

Learned A.P.P. submits that the petitioners were granted two months time to surrender.

Patna High Court Cr.Misc. No.12413 of 2016 (2) dt.16-03-2016 2/2 In the facts and circumstances stated above, the instant Criminal Miscellaneous is allowed and the petitioners are directed to surrender within 15 days from the date of receipt/production of a copy of this order and then they shall be released on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 207 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J.) ajaypd./- U T