Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30707 of 2019 In CRIMINAL MISCELLANEOUS No.26257 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Chandan Kumar, aged 38 years (Male), S/o Mahendra Prasad, R/o villageTehta Bazar Kurtha Road, P.S.- Makhdumpur Tehta, District- Jehanabad. 2.

Suchit Yadav, aged 25 years (Male), S/o Kameshwar Yadav, R/o villageMadan Bigha, P.S.- Chakand, District- Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sheikh Arkan Ahmad, Advocate.

For the Opposite Party :

Mr.Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 23.04.2019 passed in Cr. Misc. No. 26257 of 2019, by which the petitioners were granted anticipatory bail in connection with Makhdumpur P.S. Case No. 115 of 2019, Excise Case No. 338 of 2019, pending in the court of learned Special Additional Sessions Judge IInd, Excise Act, 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

Patna High Court CR. MISC. No.30707 of 2019(2) dt.16-05-2019 2/2 the court below well within time. It is prayed on behalf of the learned counsel for the petitioners that satisfaction portion may be corrected in the order dated 23.04.2019 passed in Cr. Misc. No. 26257 of 2019 as 'Special A.D.J. IInd, Excise Act, Jehanabad' in place of 'Special Additional Sessions Judge IInd, Excise Act, Gaya'.

Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, the satisfaction portion in the order dated 23.04.2019 passed in Cr. Misc. No. 26257 of 2019 be read as 'Special A.D.J. IInd, Excise Act, Jehanabad' in place of 'Special Additional Sessions Judge IInd, Excise Act, Gaya. The rest of the conditions stipulated in the order will be same. The order dated 23.04.2019 passed in Cr. Misc. No. 26257 of 2019, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

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