Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44781 of 2021 In CRIMINAL MISCELLANEOUS No.5333 of 2021 Arising Out of PS. Case No.-469 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Kundan Kumar S/O Late Nawal Yadav R/O Village-Dullapur, P.S.- Sheikhpura (HATHIYAWAN), District-Sheikhpura 2.

Sonu Kumar S/O Late Nawal Yadav R/O Village-Dullapur, P.S.- Sheikhpura (HATHIYAWAN), District-Sheikhpura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Surendra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present application has been filed for modification of the order dated 08.04.2021 passed in Cr. Misc. No. 5333 of 2021 by which the petitioners were granted anticipatory bail in connection with Sheikhpura (Hathiyawan O.P.) P.S. Case No. 469/19 to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura and the petitioners were directed to surrender in the Court below within a period of six

Patna High Court CR. MISC. No.44781 of 2021(2) dt.18-08-2021 2/3 weeks. And further for correction in the name of petitioner no. 1 in the petition of Cr. Misc. No. 5333 of 2021. In this regard, it is relevant to mention that name of petitioner no. 1 was correctly mentioned in the Vakalatnama filed in Cr. Misc. No. 5333 of 2021 as Kundan Kumar and as such the correct name of petitioner no. 1 was mentioned as "Kundan Kumar" in the cause title of Cr. Misc. No. 5333 of 2021.

Learned counsel for the petitioners is directed to correct the name of petitioner no. 1 in the petition of Cr. Misc. 5333 of 2021 within four weeks after restoration of normalcy. Learned counsel for the petitioners submits that due to some unavoidable reasons they could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioners that further time may be extended so that the petitioners could surrender 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 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

Patna High Court CR. MISC. No.44781 of 2021(2) dt.18-08-2021 3/3 same.

The order dated 08.04.2021 passed in Cr. Misc. No. 5333 of 2021 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T