Hemchandra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33527 of 2023 In CRIMINAL MISCELLANEOUS No.64545 of 2021 Arising Out of PS. Case No.-578 Year-2020 Thana- ARARIA District- Araria ====================================================== 1.

Hemchandra Mishra Son of Late Bishwanath Mishra Resident of village - Dhamoura, P.S. - Sathi, Distt. - West Champaran at present working as Rang Officer, Araria, Distt. - Araria 2.

Bhagwat Yadav Son of Late Nougi Yadav Resident of village - Kochgama, ward no. 4, P.S. - Araria, Distt. - Araria 3.

Kedar Singh Son of Late Ram Bhajan Singh Resident of village - Kushiyargaon, ward no. 11, P.S. - Araria, Distt. - Araria 4.

Rahul Kumar Son of Ranveer Pandey Resident of village - Pachpaika, P.S. - Vaishali, Distt. - Vaishali at present working as Data Operator, Forest Department, Araria 5.

Md. Makhtur Son of Md. Asahab Resident of village - Kharaihiya Basti, P.S. - Araria, Distt. - Araria 6.

Md. Masud Son of Md. Kasim Resident of village - Hariyabara, Mukhiya Tola, ward no. 9, P.S. - Araria, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-06-2023 The instant modification petition has been filed by the petitioners for the modification of the order dated 16.06.2022 passed by this Bench in Cr. Misc. No. 64545 of 2021 in which the petitioners' prayer for anticipatory bail was allowed. It is submitted by learned counsel for the petitioners that the petitioners could not have surrendered before the trial Court within the stipulated period in the order dated 16.06.2022 on

Patna High Court CR. MISC. No.33527 of 2023(2) dt.21-06-2023 2/2 account of petitioner no. 1 being outside of station due to his personal and unavoidable reasons and all the petitioners including the petitioner no. 1 wanted to surrender together and now they are ready to surrender in the light of the order passed in Cr. Misc. No. 64545 of 21. In this regard, they have prayed for four weeks time.

Learned APP for the State has no objection to the abovementioned prayer of the petitioners. Considering the above submissions, the petitioners are further given four weeks time to surrender before the trial Court in the light of the order dated 16.06.2022 from the date of this order. Accordingly, the instant modification petition stands allowed.

(Shailendra Singh, J) Shahnawaz/- U T