Patna High CourtCR. MISC./59400/2024allowed

Birendra Prasad @ Birendra Kumar Singh v. The State Of Bihar

2024-08-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59400 of 2024 Arising Out of PS. Case No.-386 Year-2011 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Birendra Prasad @ Birendra Kumar Singh S/O Late Rameshwar Prasad R/O Village- Daniyama, Police Station- Daniyama, District- Patna. 2.

Sunil Kumar S/O Late Rameshwar Prasad R/O Village- Daniyama, Police Station- Daniyama, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Smt. Aawanti Devi W/O Sri Anil Kumar R/O Village- Daniyama, Police Station- Daniyama, District- Patna.

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the State :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-08-2024 Heard the parties.

2. In this case the petitioners have challenged the order dated 18.06.2024 passed in Cr. Misc. No. 133 of 2024 arising out of A.B.P. No. 24036 of 2014 and A.B.P. No. 24247 of 2014 whereby the modification petition filed on behalf of the petitioners have been rejected.

3. It has been submitted by learned counsel for the petitioners that after grant of anticipatory bail, the petitioners could not surrender within time and they had moved the Court below for extension of time. The Special Judge has refused to extend the time.

Patna High Court CR. MISC. No.59400 of 2024(2) dt.22-08-2024 2/2

4. For the reasons mentioned in the petition, this application is allowed.

5. The time granted for surrender is extended by four weeks from today. If the petitioners surrender within four weeks from today, they shall be released on anticipatory bail pursuant to the order dated 08.05.2015 in A.B.P No. 24036 of 2014 and A.B.P. No. 24247 of 2014.

6. As a condition of this order, the petitioners, after being released on bail are directed to co-operate in the trial either by appearing personally or through their lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioners.

(Sandeep Kumar, J) P. Kumar U T