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Patna High CourtCR. MISC./72531/2018disposed

Yogendra Manjhi And ORS v. The State Of Bihar

2018-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72531 of 2018 In Criminal Miscellaneous No.64418 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Gaya ======================================================

1. Yogendra Manjhi, Son of Krishna Manjhi.

2. Girja Manjhi @ B.D.O. Manjhi, Son of Ram Sharan Manjhi.

3. Birju Manjhi, Son of Late Chamari Manjhi. All Resident of Village-Ahiypur, P.S. Cherki, Distt.-Gaya.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Prithivi Raj Singh, Advocate.

For the Opposite Party :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The present application has been filed for modification of the order dated 12.10.2018 passed in Cr. Misc. No. 64418 of 2018, by which the petitioners were granted anticipatory bail in connection with Bodh Gaya (Cherki) P.S. Case No. 525 of 2018, pending in the court of learned Special Judge, Excise, Gaya and the petitioners were directed to surrender in the court below within a period of six weeks and furnish bail bond.

Learned counsel for the petitioners submits that due to some unavoidable reasons the petitioners could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioners that the father's name of

Patna High Court Cr.Misc. No.72531 of 2018(2) dt.20-12-2018 2/2 petitioner no. 2 in the order dated 12.10.2018 passed in Cr. Misc. No. 64418 of 2018 be read as 'Ram Sharan Manjhi' in place of 'Late Rameshwar Manjhi'. It is further submitted that further time may be extended so that the petitioners could surrender in the court below and furnish bail bond. Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, the father's name of petitioner no. 2 in the order dated 12.10.2018 passed in Cr. Misc. No. 64418 of 2018 be read as 'Ram Sharan Manjhi' in place of 'Late Rameshwar Manjhi ' and the period of surrender of the petitioners in the court below is extended for a further period of six 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 12.10.2018 passed in Cr. Misc. No. 64418 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

U.K./- (Sudhir Singh, J) U T