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Patna High CourtCR. MISC./38172/2021allowed

Rajeshwar Rai v. The State Of Bihar

2021-07-28Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38172 of 2021 In CRIMINAL MISCELLANEOUS No.4003 of 2021 Arising Out of PS. Case No.-15 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== 1.

RAJESHWAR RAI Son of Ramadhar Singh Resident of Village- Gabasra Bangari, P.S.- Karja, District- Muzaffarpur.

2.

Binod Rai Son of Ramadhar Singh Resident of Village- Gabasra Bangari, P.S.- Karja, District- Muzaffarpur.

3.

Suman Kumar Son of Ramadhar Singh Resident of Village- Gabasra Bangari, P.S.- Karja, District- Muzaffarpur.

4.

Lakshman Rai Son of Ramadhar Singh Resident of Village- Gabasra Bangari, P.S.- Karja, District- Muzaffarpur.

5.

Ramesh Rai Son of Ramadhar Singh Resident of Village- Gabasra Bangari, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The present application has been filed for modification of the order dated 13.04.2021 passed in Cr.Misc.No. 4003 of 2021, by which the petitioners were granted anticipatory bail in connection with Karja P.S. case

Patna High Court CR. MISC. No.38172 of 2021(2) dt.28-07-2021 2/3 No.15 of 2020, pending in the court of learned J.M. 1st class, Muzaffarpur (West) and the petitioners were directed to surrender and furnish bail bond in the court below within a period of six weeks.

It is submitted on behalf of the counsel for the petitioners that in the order dated 13.04.2021 passed in Cr.Misc.No. 4003 of 2021 due to inadvertent mistake the father's name of the petitioners has wrongly been mentioned as Ramadhar Singh in place of Late Singhashan Rai. Let in the order dated 13.04.2021 passed in Cr.Misc.No. 4003 of 2021, the father's name of the petitioners be read as Late Singhashan Rai in place of Ramadhar Singh. It has further been submitted on behalf of the counsel for the petitioners that due to some unavoidable reasons the petitioners could not surrender and furnish bail bond in the court below well within time. It is further prayed on behalf of the counsel for the petitioners that further time may be extended so that the petitioners could surrender and furnish bail bond 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 of the

Patna High Court CR. MISC. No.38172 of 2021(2) dt.28-07-2021 3/3 petitioners 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 13.04.2021 passed in Cr.Misc.No. 4003 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T