Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30604 of 2020 In CRIMINAL MISCELLANEOUS No.80679 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== 1.

ARVIND YADAV S/o Amal Yadav @ Amal Rai Resident of VillageRupchhap, P.S.-Vishambharpur, District-Gopalganj. 2.

Biresh Sah @ Brajesh Sah S/o Khenhar Sah Resident of Village-Rupchhap, P.S.-Vishambharpur, District-Gopalganj.

3.

Ravi Shankar Yadav S/o Biran Yadav Resident of Village-Rupchhap, P.S.- Vishambharpur, District-Gopalganj.

4.

Gautam Yadav @ Gautam Singh S/o Laxman Singh Resident of VillageRupchhap, P.S.-Vishambharpur, District-Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Md. Faimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has been filed for modification of the order dated 09.12.2019 passed in Criminal Miscellaneous No. 80679 of 2019 to the extent that the conditions imposed by this Court

Patna High Court CR. MISC. No.30604 of 2020(2) dt.05-12-2020 2/3 while granting anticipatory bail to the petitioners herein to the effect that they would mark their attendance before the officer-in-charge of the concerned police station at 10:30 AM. on each Monday of the week be modified.

The learned counsel for the petitioners has submitted that the petitioners are poor labourers and it is very difficult for them to mark their attendance before the officer-in-charge of the concerned police station on each and every Monday of the week. It is also submitted that right from the date, the petitioners were granted the privilege of anticipatory bail, till today, they have not committed any default in appearing before the concerned police station on each and every Monday of the week, hence, at least, the aforesaid condition be modified and the petitioners be granted liberty to appear once in a month before the concerned police station.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking

Patna High Court CR. MISC. No.30604 of 2020(2) dt.05-12-2020 3/3 into account the averments made in the present petition, this Court deems it fit and proper to modify the order dated 09.12.2019 to the extent that the petitioners herein would henceforth be required to mark their attendance before the concerned police station on any one day of the month and in the event of two consecutive defaults, the privilege of anticipatory bail granted to them shall stand cancelled automatically.

The order dated 09.12.2019 passed in Criminal Miscellaneous No. 80679 of 2019 stands modified to the aforesaid extent.

The present petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U T