Mukund Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17413 of 2016 ======================================================
1. Mukund Kumar Singh, Son of Ram Sahay Singh, Resident of VillageManchi, P.S.- Belsand, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17414 of 2016 Arising Out of PS.Case No. - Year- Thana - District- SITAMARHI ======================================================
1. Subhash Kumar Singh @ Subhash Kumar, Son of Rajeshwar Singh, Resident of Village- Manchi, P.S.- Belsand, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.17413 of 2016) For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Uma Nath Mishra(App) (In Cr.Misc. No.17414 of 2016) For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2016 The above two applications have been field for modification of order dated 18.3.2016 passed in Cr. Misc. No. 12804 of 2016 to the extent that in the prayer portion it should be read as to the satisfaction of learned Judicial Magistrate, Ist Class, Sitamarhi in stead of learned Additional
Patna High Court Cr.Misc. No.17413 of 2016 (3) dt.11-05-2016 Sessions Judge, Sitamarhi in Sessions Trial No. 407 of 2014. It is submitted by the learned counsel for the petitioners that said mistake perpetuated in the order since it was wrongly mentioned in the petition. The case of the petitioner has not been committed to the Court of Sessions as yet, whereas the case of other accused persons has been committed to the court of Session, but in the bail petition inadvertently Sessions Trial number of co-accused was mentioned. Though the order dated 18.03.2016 passed in Cr. Misc. No. 12804 of 2016 is modified to the extent that in the last portion of the order it should be read as learned Judicial Magistrate, Ist Class, Sitamarhi in connection with Belsand P.S. Case No. 27 of 2014.
However, it is made clear that learned Judicial Magistrate will conclude the trial expeditiously. The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions and forthwith committed the case of petitioners to the Court of Sessions.
On the grounds mentioned in the modification application, the period of surrender is extended by three weeks form the date of receipt/production of a copy of this order in connection with Belsand P.S. Case No. 27 of 2014 pending in the court of learned Sri K.K. Shahi, J.M., Ist Class, Sitamarhi. The order dated 18.03.2016 stands modified to the
Patna High Court Cr.Misc. No.17413 of 2016 (3) dt.11-05-2016 extent indicated above.
Accordingly, these modification applications are disposed of.
(Dinesh Kumar Singh, J) P.K./- U T