Ankit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64396 of 2021 In CRIMINAL APPEAL (SJ) No.2591 of 2021 Arising Out of PS. Case No.-298 Year-2020 Thana- GARKHA District- Saran ====================================================== 1.

Ankit Kumar Sharma, aged about 26 years (Male), S/o Shailendra Kumar Sharma, Resident of P. No. 33, Lalpura Colony, Vanasthali Marg, near Sindhi Camp Bus Stand, Jaipur (Rajasthan), Pin Code- 302001, having ancestral residence at Village- Baikunthpur, P.S.- Rajapakar, DistrictVaishali, Bihar. 2.

Shailendra Kumar Sharma @ Shailendra, aged about 52 years (Male), S/o Late Shrikant Sharma, Resident of P. No. 33, Lalpura Colony, Vanasthali Marg, near Sindhi Camp Bus Stand, Jaipur (Rajasthan), Pin Code- 302001, having ancestral residence at Village- Baikunthpur, P.S.- Rajapakar, DistrictVaishali, Bihar. 3.

Abhinesh Kumar Sharma @ Abhinash Kumar Sharma @ Abhinash @ Abhinesh, aged about 22 years (Male), S/o Shailendra Kumar Sharma, Resident of P. No. 33, Lalpura Colony, Vanasthali Marg, near Sindhi Camp Bus Stand, Jaipur (Rajasthan), Pin Code- 302001, having ancestral residence at Village- Baikunthpur, P.S.- Rajapakar, District- Vaishali, Bihar. 4.

Shailini Kumari Sharma @ Shalini, aged about 24 years (Female), W/o Manish Kumar, D/o Shailendra Kumar Sharma, Resident of P. No. 33, Lalpura Colony, Vanasthali Marg, near Sindhi Camp Bus Stand, Jaipur (Rajasthan), Pin Code- 302001, having ancestral residence at VillageBaikunthpur, P.S.- Rajapakar, District- Vaishali, Bihar. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Sanchay Srivastava, Advocate For the Opposite Party :

Mrs. Usha Kumari 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 Learned counsel for the petitioners is directed to

2/4 remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

The present application has been filed for modification of the order dated 04.09.2021, passed in Cr. Appeal (SJ) No. 2591 of 2021, by which the appellants/petitioners were granted anticipatory bail in connection with Garkha P.S. Case No. 298 of 2020, pending in the court of learned Additional Sessions Judge Ist-cum-Special Judge, SC/ST Act, Saran at Chapra and the appellants/petitioners were directed to surrender in the court below within a period of twelve weeks. Learned counsel for the petitioners submits that in the order dated 04.09.2021, passed in Cr. Appeal (SJ) No. 2591 of 2021, in the address of all four appellants, the following address also be incorporated as 'having ancestral residence at VillageBaikunthpur, P.S. Rajapakar, District-Vaishali, Bihar'. Likewise, the name of appellant/petitioner no. 3 be read as 'Abhinesh Kumar Sharma @ Abhinash Kumar Sharma @ Abhinash @ Abhinesh' in place of 'Abhinash Kumar Sharma @ Abhinash' and also the name of appellant/petitioner no. 4 be read as 'Shalini Kumari Sharma @ Shalini' in place of 'Shalini Kumar

3/4 Sharma @ Shalini'. It is further submitted that further time may be extended so that the petitioners could surrender in the court below.

Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, let in the order dated 04.09.2021, passed in Cr. Appeal (SJ) No. 2591 of 2021, in the address of all four appellants/petitioners, the following address also be incorporated and read as 'having ancestral residence at VillageBaikunthpur, P.S. Rajapakar, District-Vaishali, Bihar' and the name of appellant/petitioner no. 3 be read as 'Abhinesh Kumar Sharma @ Abhinash Kumar Sharma @ Abhinash @ Abhinesh' in place of 'Abhinash Kumar Sharma @ Abhinash' and the name of appellant/petitioner no.

4 be read as 'Shalini Kumari Sharma @ Shalini' in place of 'Shalini Kumar Sharma @ Shalini' and the period of surrender of the appellants/petitioners in the court below is extended for a further period of six 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 04.09.2021, passed in Cr. Appeal (SJ) No. 2591 of 2021, is modified to the extent as indicated above. The present application is disposed of.

4/4 Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) U.K./- U T