Patna High CourtCR. MISC./38762/2018allowed

Shiv Sah And ORS v. The State Of Bihar

2018-09-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38762 of 2018 ======================================================

1. Jai Nath Sah son of Ram Bilash Sah,

2. Raju Sah son of Harihar Sah,

3. Ram Sewak Sah son of Harihar Sah,

4. Brij Kishore Sah son of Dahaur Sah,

5. Harihar Sah son of Kirodhan Sah, All are resident of village- Rampur Narsingh Tola, Babhantoli, P.S.- Pakari Dayal, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-09-2018 Learned counsel seeks leave to delete the name of petitioner nos.1 to 4 and 10 from the cause title. Leave is granted. Let the same be done in the course of the day and the party be re-arranged.

Heard learned counsel for the petitioners and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for modification in the order dated 03.05.2018 passed in Cr. Misc. No.26260 of 2018 whereby the petitioners were directed to be released on bail on furnishing bail bonds and sureties in the event of arrest or surrender in the court below within six weeks. It is submitted by the learned counsel for the petitioners that the petitioners are poor labourers who earned their

Patna High Court Cr.Misc. No.38762 of 2018 (2) dt.26-09-2018 2/2 wages outside the State of Bihar. They were not made aware about the order by their Pairvikar as a result of which they could not appear before the court in order to furnish bail bonds and sureties as directed by this Court vide order dated 03.05.2018 passed in Cr. Misc. No.26260 of 2018.

On the basis of aforesaid submissions, prayer has been made that duration of time to surrender as directed by this Court in order to furnish bail bonds and sureties be extended so that the petitioners may avail of relief granted by this Court. Learned counsel for the State opposed the prayer made for extension of duration for appearance before the court in order to furnish bail bonds and sureties.

I have heard learned counsel for the parties. Regard being had to the submissions made on behalf of the petitioners, the prayer is allowed.

The order dated 03.05.2018 passed in Cr. Misc. No.26260 of 2018 whereby the petitioners were directed to be released on bail in the event of arrest or surrender within six weeks is extended by further three weeks.

(Ashwani Kumar Singh, J) Md.S./- U T