Devendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76146 of 2024 In CRIMINAL MISCELLANEOUS No.47468 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- MANER District- Patna ====================================================== 1.
Devendra Rai S/O Late Raktu Rai 2.
Krishna Kumar 3.
Ravi Kumar 4.
Nawal Kishore @ Nawal Kumar 5.
Akash Kumar Petitioner No.2 to 5 are sons of Devendra Rai and All are resident of VillageManer Balupar, PS-Maner, Dist-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2024
1. Heard learned counsel for the parties.
2. The instant application has been filed praying for modification of the order dated 19.8.2024 passed in Cr. Misc. no.47468 of 2024 whereby anticipatory bail was granted to petitioner nos.1, 2, 4 and 5 in connection with Maner P.S. Case no.97 of 2024 directing the said four petitioners to surrender within a period of four weeks.
3. It is submitted by learned counsel for the petitioners that though the application for anticipatory bail of petitioner no.3 was rejected vide aforesaid order, he has been made a
Patna High Court CR. MISC. No.76146 of 2024(3) dt.26-11-2024 2/3 petitioner herein only for the reason that he was one of the party/petitioner in the aforesaid case, modification of which is sought. It is further submitted that the petitioners who were granted bail could not surrender in the learned trial Court for reason beyond their control as has been explained in the main petition. Further in reference to the order dated 30.10.2024 passed in the instant application, producing the original receipt no.2267 dated 13.11.2024 issued by the Patna High Court Legal Services Committee in evidence of the deposit of Rs.5,000/-, it is submitted that the original receipt may be taken on record.
4. The original receipt dated 13.11.2024 is taken on record.
5. Having heard learned counsel for the parties and taking into consideration the contents of the order grating bail to petitioner nos.1, 2, 4 and 5, the submissions made by learned counsel for the petitioners and the contents of the petition, the order dated 19.8.2024 passed in Cr. Misc. no.47468 of 2024 granting bail to petitioner nos.1, 2, 4 and 5 is modified to the extent that the time granted to the petitioners to surrender before the learned trial Court as mentioned in paragraph no.8 of the said order is modified to a further period of four weeks from today. The remaining part of the order dated 19.8.2024 shall
Patna High Court CR. MISC. No.76146 of 2024(3) dt.26-11-2024 3/3 remain unchanged.
6. The application stands allowed.
(Partha Sarthy, J) Saurabh/- U T