Sujit Kumar @ Sujit Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50389 of 2024 In CRIMINAL MISCELLANEOUS No.58975 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Sujit Kumar @ Sujit Kumar Sahni Son of Sipahi Sahani R/V- GODIGAWA, P.S.- SUGAULI, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard the parties.

2.

The present application has been filed for modification of order dated 05.03.2024 passed in Cr. Misc. No.58975/2023 to the extent of modifying the condition no.(i) and to extend the period to surrender.

3.

Learned counsel for the petitioner submits that the while granting bail, two conditions were imposed. Condition no.(i) reads as "One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife." In this regard, he further submits that there is no land or property in the name of parents or other relative of the petitioner. They are very poor and landless. The only property is a land, available in the name of grandfather of the petitioner, old value of which is Rs.5000/- but the Court below is not ready to accept the bail

Patna High Court CR. MISC. No.50389 of 2024(2) dt.26-07-2024 2/2 bond because it is less than Rs.25000/-. As such, he prays to modify the condition no.(i).

4.

Considering the aforesaid prayer the condition no.(i) imposed in order dated 05.03.2024 passed in Cr. Misc. No.58975/2023 is modified to the effect that "One of the bailor may be the grandfather or any known of the petitioner". 5.

The court below is also directed to accept the security of sale deed of the land having value of Rs.5000, belonging to the grandfather of petitioner for the bail bond.

6.

Further, the period of surrender is extended by six weeks from the date of receipt/production of a copy of this order in connection with Sugauli P.S. Case No.248 of 2023, pending in the court of learned Special Excise Court No.1, East Champaran at Motihari, subject to deposit of Rs.2000/- (Rupees Two Thousand) in the Victim Compensation Fund.

7.

The order dated 05.03.2024 passed in Cr. Misc. No.58975/2023 is modified to the extent as indicated above. 8.

Accordingly, this modification application is disposed of. (Anjani Kumar Sharan, J) pallavi/- U T