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Patna High CourtCR. MISC./71591/2018allowed

Kailash Sah And ORS v. The State Of Bihar

2019-01-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71591 of 2018 In Criminal Miscellaneous No.35677 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Banka ======================================================

1. Kailash Sah, S/o Sohan Sah,

2. Nitu Devi, W/o Kailash Sah,

3. Bilash Sah @ Rambilash Sah, S/o Sohan Sah.

4. Chanda Devi, W/o Bilash Sah @ Rambilash Sah,

5. Sohan Sah, S/o Late Barhan Sah, All resident of village- Jabara, P.O.- Shajha, Police Station- Rajoun, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for modification of the order dated 29.06.2018 passed in Cr. Misc. No.35677 of 2018 whereby the petitioners were granted prearrest bail in the event of arrest or surrender before the court below within four weeks on furnishing bail bond of rupees ten thousand each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No.36 of 2018.

Patna High Court Cr.Misc. No.71591 of 2018(2) dt.02-01-2019 2/2 Learned counsel for the petitioners submitted that the petitioners are poor daily wage earner, who were working in Punjab and due to non-payment of wages they could not appear before the court below within the time stipulated in order to furnish bail bond and sureties as directed by this Court. Considering the submissions made above, the prayer is allowed.

The period of four weeks granted to the petitioners vide order dated 29.06.2018 passed in Cr. Misc. No.35677 of 2018 for appearance before the court below in order to furnish bail bond and sureties is extended by further two weeks. Md. S/- (Ashwani Kumar Singh, J) U T