Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54048 of 2019 In CRIMINAL MISCELLANEOUS No.65347 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- DARAUNDA District- Siwan ====================================================== Sunil Kumar Son of Late Hira Singh @ Heera Ray Resident of Village - Rasulpur, P.S. - Daraundha, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for modification of the order dated 26-10-2018 passed in Cr. Misc. No. 65347 of 2018 by which the petitioner along with two others was granted anticipatory bail in connection with Daraundha P.S. Case No. 06 of 2018 pending in the court of learned Additional Sessions Judge-II-Special Judge, Excise, Siwan and the petitioner was directed to surrender and furnish bail bond in the court below within a period of six weeks.

It is submitted on behalf of the petitioner that since the petitioner had gone outside the State to earn his livelihood, the petitioner could not surrender and furnish bail bond in the court

Patna High Court CR. MISC. No.54048 of 2019(2) dt.04-09-2019 2/3 below well within the time. It is further submitted that in the cause title of the main application of Cr. Misc. No. 65347 of 2018, the father's name of petitioner No. 3 (here the sole petitioner), "Hira Singh" has been typed in place of "Hira Singh @ Heera Ray" and in the order dated 26-10-2018 passed in Cr. Misc. No. 65347 of 2018, same mistake occurred. It is further prayed on behalf of the counsel for the petitioner that in the cause title of the order, the name of father of the petitioner No. 3 in Cr. Misc. No. 65347 of 2018 (here the sole petitioner) be read as "Hira Singh @ Heera Ray" in place of "Hira Singh" and further time may be extended so that the petitioner could surrender and furnish bail bond in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application,the period of surrender of the petitioner 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 and in the cause title of the order dt 26-10-2018 passed in Cr. Misc. No. 65347 of 2018, the name of father of petitioner No. 3 (here the sole petitioner) be read as "Hira Singh @ Heera Ray" in place of "Hira Singh".

Patna High Court CR. MISC. No.54048 of 2019(2) dt.04-09-2019 3/3 Cr. Misc. No. 65347 of 2018.

The order dated 26-10-2018 passed in Cr. Misc. No. 65347 of 2018 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) A.K.V.//- U T