Manohar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54308 of 2021 In CRIMINAL MISCELLANEOUS No.354 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

MANOHAR RAI Son of Late Yamuna Rai Resident of Dhanaut, P.S.- Rupaspur, District - Patna.

2.

Sunny Kumar Son of Manohar Rai Resident of Dhanaut, P.S.- Rupaspur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The present application has been filed for modification of the order dated 16.04.2021 passed in Cr.Misc.No. 354 of 2021, by which the petitioners were granted anticipatory bail in connection with Special case No.4140/2020 arising out of PR Rupaspur P.S. case No.47/2020, pending in the court of Special Judge, Excise, Patna and the petitioners were

Patna High Court CR. MISC. No.54308 of 2021(2) dt.22-09-2021 2/2 directed to surrender in the court below within a period of eight weeks.

It is submitted on behalf of the counsel for the petitioners that due to some unavoidable reasons the petitioners could not surrender in the court below well within time. It is further prayed on behalf of the counsel for the petitioners that further time may be extended so that the petitioners could surrender in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners in the court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

The order dated 16.04.2021 passed in Cr.Misc.No. 354 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T