Sukhari Majhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30612 of 2024 In CRIMINAL MISCELLANEOUS No.37293 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.
SUKHARI MAJHI SON OF AXAY LAL RESIDENT OF VILLAGE - UMARPUR DIARA, P.S. - BUXAR, INDUSTRIAL AREA, DISTRICT - BUXAR 2.
SANTOSH CHAUDHARI SON OF RAJENDRA CHAUDHARI RESIDENT OF VILLAGE - UMARPUR DIARA, P.S. - BUXAR, INDUSTRIAL AREA, DISTRICT - BUXAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Gupta For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2024 Heard learned counsel for the parties.
2.
The present application has been filed for modification application of order dated 31.07.2023 passed in Cr. Misc. No.37293 of 2023 to the extent of extending the period of surrender and also for removing the condition mentioned in aforesaid order that "One of the bailor will be their own blood relative preferably father, mother, brother, sister and/or their wife."
3.
Learned counsel for the petitioner submits that petitioners are from very poor family and neither any immovable property nor movable property are registered either in the name of their
Patna High Court CR. MISC. No.30612 of 2024(2) dt.03-05-2024 2/2 father, mother, brother, sister and wife or any relative. 4.
Considering the submission of learned counsel for the petitioner, the order dated 31.07.2023 passed in Cr. Misc. No.37293 of 2023 is modified to the extent that in the order sheet the condition no.1 be read as "One of the bailor will be close relative or co-villager of the petitioner". 5.
On the grounds mentioned in the modification application and in the interest of justice, the period to surrender is extended by six weeks from today in connection with Buxar Industrial Area P.S. Case No.94 of 2023, pending in the court of learned Special Excise Court 1st, Buxar, subject to deposit of Rs.2000/- (Rs. Two Thousand) each in the Victim Compensation Fund, Bihar.
6.
The order dated 31.07.2023 is modified to the extent as indicated above.
7.
Accordingly, this modification application stands disposed of.
(Anjani Kumar Sharan, J) shikha/- U T