Patna High CourtCR. MISC./74610/2018disposed

Awadhesh Sah v. The State Of Bihar

2018-12-20Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74610 of 2018 In Criminal Miscellaneous No.65529 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Sheohar ====================================================== Awadhesh Sah, Son of Ramlobhit Sah, R/o Village-Marhalla P.S. Tariyani, Distt.-Sheohar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Jha, Advocate.

For the Opposite Party :

Mr. Bharat Lal,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 29.10.2018 passed in Cr. Misc. No. 65529 of 2018, by which the petitioner was granted anticipatory bail in connection with Tariyani P.S. Case No. 133 of 2018, pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond.

Learned counsel for the petitioner submits that due to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the

Patna High Court Cr.Misc. No.74610 of 2018(2) dt.20-12-2018 2/3 learned counsel for the petitioner that satisfaction portion may be corrected in the order dated 29.10.2018 passed in Cr. Misc. No. 65529 of 2018 as '1st Additional Sessions Judge-cumSpecial Judge, Excise Act, Sheohar' in place of '1st Additional Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi'. It is further submitted that further time may be extended so that the petitioner could surrender in the court below and furnish bail bond.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the satisfaction portion in the order dated 29.10.2018 passed in Cr. Misc. No. 65529 of 2018 be read as '1st Additional Sessions Judge-cum-Special Judge, Excise Act, Sheohar' in place of '1st Additional Sessions Judge-cumSpecial Judge, Excise Act, Sitamarhi' and 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. The rest of the conditions stipulated in the order will be same.

The order dated 29.10.2018 passed in Cr. Misc. No. 65529 of 2018, is modified to the extent as indicated above. Let this order and the order dated 29.10.2018 passed

Patna High Court Cr.Misc. No.74610 of 2018(2) dt.20-12-2018 3/3 in Cr. Misc. No. 65529 of 2018 be communicated to the learned 1st Additional Sessions Judge-cum-Special Judge, Excise Act, Sheohar, through e-mail.

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