Patna High CourtCR. MISC./848/2023disposed

Jhunna Sah v. The State Of Bihar

2023-01-25Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.848 of 2023 In CRIMINAL MISCELLANEOUS No.63917 of 2021 Arising Out of PS. Case No.-384 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== Jhunna Sah, aged about 26 years, male, Son of late Sri Jagnarayan Sah, Resident of Village- Hat Saraiya, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No. 2, Adv.

For the Opposite Party/s :

Md. Ataur Rahman, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-01-2023 Heard the learned counsel for the parties.

This is an application seeking modification of the order dated 22.01.2022 passed in Cr. Misc. No. 63917 of 2021, whereby the application of the petitioner for grant of anticipatory bail along with others was allowed and he was directed to be released on bail, in the event of his arrest or surrender before the Court

Patna High Court CR. MISC. No.848 of 2023(2) dt.25-01-2023 2/3 below within a period of four weeks, on his furnishing bail-bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-III, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 384 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. It has been submitted on behalf of the petitioner that because of some unavoidable circumstances, he could not surrender before the learned Court below within the stipulated period.

For the reasons stated in the application, the prayer is allowed.

The order dated 22.01.2022 is modified to the extent that if the petitioner/Jhunna Sah surrenders before the learned Court below within a period of four weeks from today, he shall be released on anticipatory bail on the same terms and conditions as laid down in the order dated 22.01.2022.

Patna High Court CR. MISC. No.848 of 2023(2) dt.25-01-2023 3/3 The order dated 22.01.2022 stands modified to the extent indicated above.

The application stands allowed and disposed of accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T