Sachin Kumar @ Sachin Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62910 of 2023 In CRIMINAL MISCELLANEOUS No.28390 of 2021 Arising Out of PS. Case No.-135 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Sachin Kumar @ Sachin Kumar Sah Son of Shambhu Sah R/o vill - Dharhara, P.S. - Sarai, Distt. - Vaishali 2.

Sunny Kumar @ Sunny Kumar Mahto Son of Shyam Kishore Mahto R/o vill - Dharhara, P.S. - Sarai, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-09-2023 Heard Mr. Satya Prakash Sinha, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned A.P.P for the State.

2. Learned counsel appearing on behalf of petitioners seeks modification in order dated 09.02.2022 passed in Criminal Miscellaneous No. 28390 of 2021 with respect to attendance of the petitioners before the local police station on every Saturday at 9 A.M.

3. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are labourer and they are now hand to mouth in want of any work in the village in which they reside. Petitioners could not move outside their

Patna High Court CR. MISC. No.62910 of 2023(2) dt.22-09-2023 2/3 village and as such considering the pathetic condition of the petitioners, who have been made accused in connection with Bhagwanpur P.S. Case No. 135 of 2018 for the offences under Sections 394 as well as taking into consideration that petitioners have made a specific statement in paragraph no. 3 that five criminal cases have been registered against the petitioners in different police station of the district. Learned counsel further submitted that no doubt in all the cases, petitioners have been made accused under Sections 392, 302, 394, Arms Act and other allied sections of the Indian Penal Code but in all the cases petitioners are on bail. Learned counsel further submitted that without default petitioners have given their attendance before the concerned S.H.O. and as such the said condition may be modified.

3. Considering aforesaid submission made on behalf of the petitioner as well as the antecedent of the petitioner, I am of the opinion that the order is modified to the extent that the petitioners are directed to give their attendance before the S.H.O. of the concerned Police Station under which their house is located every month at 9 A.M. The concerned S.H.O. is/are directed to submit the monthly report to the Superintendent of Police having jurisdiction.

Patna High Court CR. MISC. No.62910 of 2023(2) dt.22-09-2023 3/3

4. Accordingly, the order is modified to the above extent.

5. The other part of the order shall remain intact. (Purnendu Singh, J) Niraj/- U