Patna High CourtCR. MISC./63271/2022allowed

Deep Narayan Patel v. The State Of Bihar

2023-04-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63271 of 2022 Arising Out of PS. Case No.-249 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Deep Narayan Patel Son of Ram Deni Prasad Resident of Village- Gidha Laukariya, Chaubey Tola, P.S.- Chanpatiya, District- West Champaran 2.

Parma Patel Son of Krishna Patel Resident of Village- Gidha Laukariya, Chaubey Tola, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Nath Verma For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-04-2023 Heard the learned counsel for the parties.

This application has been filed for quashing the order dated 30.08.2022 passed in Cr. Misc. No. 95 of 2022 (arising out of A.B.P. No. 1232 of 2020) in connection with Chanpatiya P.S. Case No. 249 of 2020 by the learned Sessions Judge, Bettiah, West Champaran refusing to extend the time to furnish bail-bonds which had not been accepted for the petitioners because their names were not mentioned in the accused column of the F.I.R. inadvertently but later on added on 19th of May, 2022.

Learned counsel for the petitioner submits that the extension for time to furnish the bail bonds has been refused by

Patna High Court CR. MISC. No.63271 of 2022(4) dt.18-04-2023 2/2 the Court below.

Learned counsel for the petitioner submits that earlier the anticipatory bail was granted and the petitioners had furnished the bail bonds but the same was refused as the names of the petitioners were not mentioned in the F.I.R., but now the names of the petitioners are added in the F.I.R. Considering the above, this application is allowed and the order dated 30.08.2022 passed in Cr. Misc. No. 95 of 2022 (arising out of A.B.P. No. 1232 of 2020) in connection with Chanpatiya P.S. Case No. 249 of 2020 by the learned Sessions Judge, Bettiah, West Champaran is hereby quashed. The petitioners are directed to execute fresh bail bonds within 8 weeks from today. Thereafter, the Court below will accept the bail bonds of the petitioner and proceed in the matter in accordance with law.

(Sandeep Kumar, J) Shishir/Vikas U T