Bagar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49640 of 2016 (Arising out of Cr.Misc. No.32386 of 2016) ======================================================

1. Bagar Rai, S/o Late Haruni Rai

2. Dhuri Rai, son of -Do3. Darshan Rai, son of - Do4. Dhabar Rai, S/o Bagar Rai

5. Nawal Kishore Rai, S/o Darshan Rai All residents of Vill.- Rampur Khajuriya, P.S- Dumariya Ghat, Distt.- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The present modification application has been filed for deleting the name of Petitioner No.3, namely, Darshan Rai, who was arrested during the pendency of the anticipatory bail application.

Learned counsel for the petitioners submits that due to non-communication of the said fact, the same was not brought to the notice of this Court and, therefore, he seeks liberty to withdraw the application with regard to Petitioner No.3 as it has become infructuous on the date of the order itself.

Patna High Court Cr.Misc. No.49640 of 2016 (3) dt.22-02-2017 2/2 The said liberty is granted so far as it relates to Petitioner No.3, Darshan Rai.

Now, the order dated 25.10.2016 passed in Cr.Misc. No.32386 of 2016 extending the privilege of anticipatory bail to all the petitioners shall now be treated to have been extended in favour of Petitioner Nos.1, 2, 4 and 5, who have already surrendered.

The order dated 25.10.2016 passed in Cr.Misc. No.32386 of 2016 stands modified to the above extent. (Anjana Mishra, J) PNM U T