Patna High CourtCR. MISC./32386/2019allowed

Birendra Choudhary @ Boudhu Choudhary v. The State Of Bihar

2019-07-17Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32386 of 2019 In CRIMINAL MISCELLANEOUS No.69008 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- ROH District- Nawada ====================================================== 1.

Birendra Choudhary @ Boudhu Choudhary, male, aged about 50 years, Son of Late Arjun Choudhary.

Nitish Choudhary, aged about 25 years, male, Son of Boudu Choudhary. 3.

Srikant Choudhary, aged about 32 years, male, Son of Arjun Choudhary. 4.

Hulash Choudhary, aged about 36 years, male, Son of Arjun Choudhary. All resident of Village - Koshi, P.S.- Roh, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-07-2019 The petitioners were granted anticipatory bail by this Court vide order dated 18.12.2018 passed in Cr. Misc No. 69008 of 2018 in connection with Roh P.S. Case No. 97 of 2018. The petitioners by the aforesaid order were directed to surrender before the Court below within a period of four weeks from the date of passing of the order for them to be granted bail.

2. The petitioners, for explicable reasons, could not surrender before the Court below within the specified period

Patna High Court CR. MISC. No.32386 of 2019(2) dt.17-07-2019 2/2 of time; hence the present petition for modification/extension of the period for surrendering before the Court below.

3. For the reasons stated in the petition, the prayer is allowed.

4. The order dated 18.12.2018 is modified to the extent that if the petitioners now surrender before the learned Court below within a period of four weeks from today, they shall be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nawada, in connection with Roh P.S. Case No. 97 of 2018.

5. The other condition in the order dated 18.12.2018, if any, shall subsist.

6. The order dated 18.12.2018 stands modified accordingly.

7. The petition is allowed.

(Ashutosh Kumar, J) Praveen-II/- U T