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Patna High CourtCR. MISC./34251/2019disposed

Arjun Sah @ Arjunn Sah v. The State Of Bihar

2019-08-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34251 of 2019 Arising Out of PS. Case No.-451 Year-2018 Thana- KESARIA District- East Champaran ====================================================== 1.

ARJUN SAH @ ARJUNN SAH Son of Dhrupdew Sah @ Dhrubdew Sah Resident of Village-Sarangpur, P.S.-Keshariya, District-East Champaran. 2.

Dhrupdew Sah @ Dhrubdew Sah Son of Prem Chandra Sah Resident of Village-Sarangpur, P.S.-Keshariya, District-East Champaran. 3.

Aarti Devi Wife of Arjun Sah @ Arjunn Sah Resident of Village-Sarangpur, P.S.-Keshariya, District-East Champaran.

4.

Sabita Devi Wife of Dhrupdew Sah @ Dhrubdew Sah Resident of VillageSarangpur, P.S.-Keshariya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This case has been listed today under the heading "To Be Mentioned" at the instance of the petitioner. It has been submitted by learned counsel for the petitioners that vide order dated 20.08.2019, petitioner nos. 2, 3 and 4 were granted the privilege of anticipatory bail and the prayer for grant of anticipatory bail to petitioner no. 1 was rejected. However, in the said order inadvertently, it has been recorded that considering the facts and circumstances, so far petitioner nos. 1, 2 and 3 are concerned in the event of their arrest or surrender before the court

Patna High Court CR. MISC. No.34251 of 2019(4) dt.24-09-2019 2/2 below within six weeks, they are directed to be released on bail, whereas, it should have been considering the facts and circumstances, so far petitioner nos. 2, 3 and 4 are concerned in the event of their arrest or surrender before the court below within six weeks, they are directed to be released on bail. Perused the records. Learned counsel for the petitioners appears to be right in his submission. As such, paragraph -5, order dated 20.08.2019 is modified to the extent that the same may be read as " considering the facts and circumstances so far petitioner nos. 2 , 3 and 4 are concerned, in the event of their arrest or surrender before the court below within six weeks, they are directed to be released on bail".

Other parts of the order 20.08.2019 shall remain intact. Further two weeks' time from the date of receipt of a copy of this order is allowed to the petitioners to surrender in the court below. Let a copy of this order be communicated to the concerned court below forthwith.

(Vinod Kumar Sinha, J) sunilkumar/- U T