Kundan Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73697 of 2018 In Criminal Miscellaneous No.58105 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Bhabhua (Kaimur) ======================================================

1. Kundan Sah.

2. Karelal Sah.

3. Bajrangi Sah, All Sons of Shiv Shankar Sah, Resident of Village- Balkunda P.S. Mansi, District-Khagaria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Binay Kumar, Advocate.

For the Opposite Party :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner nos. 2 and 3 and learned counsel for the State.

The present application has been filed for modification of the order dated 08.10.2018 passed in Cr. Misc. No. 58105 of 2018, by which the petitioner no. 2 Karelal Sah and petitioner no. 3 Bajrangi Sah were granted anticipatory bail in connection with Mansi P.S. Case No. 276 of 2017, pending in the court of learned Chief Judicial Magistrate, Khagaria and the aforesaid petitioners were directed to surrender in the court below within a period of six weeks and furnish bail bond.

Patna High Court Cr.Misc. No.73697 of 2018(2) dt.20-12-2018 2/3 Learned counsel for the petitioner nos. 2 and 3 submits that due to some unavoidable reasons they could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioner nos. 2 and 3 that P.S. Case No. may be corrected in the order dated 08.10.2018 passed in Cr. Misc. No. 58105 of 2018 as ' Mansi P.S. Case No. 276 of 2017' in place of 'Mansi P.S. Case No. 276 of 2018'. It is further submitted that further time may be extended so that the petitioner no. 2 Karelal Sah and petitioner no. 3 Bajrangi Sah could surrender in the court below and furnish bail bond. Considering the submissions made on behalf of learned counsel for the petitioner nos. 2 and 3 and the grounds mentioned in the modification application, P.S. Case No.

in the order dated 08.10.2018 passed in Cr. Misc. No. 58105 of 2018 be read as 'Mansi P.S. Case No. 276 of 2017' in place of 'Mansi P.S. Case No. 276 of 2018' and the period of surrender of the petitioner no. 2 Karelal Sah and petitioner no. 3 Bajrangi Sah 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 08.10.2018 passed in Cr. Misc. No. 58105 of 2018, is modified to the extent as indicated above.

Patna High Court Cr.Misc. No.73697 of 2018(2) dt.20-12-2018 3/3 Let this order be communicated to the learned court below through e-mail.

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