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Patna High CourtCR. MISC./72944/2018disposed

Rama Yadav v. The State Of Bihar

2018-12-20Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72944 of 2018 In Criminal Miscellaneous No.63638 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Darbhanga ====================================================== Rama Yadav, Son of Late Laxmi Yadav, Resident of Village-Suhat,Police Station Bahera,Distt.-Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Suraj Narain Yadav, Advocate.

For the Opposite Party :

Mr. Ashok Kumar, 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 11.10.2018 passed in Cr. Misc. No. 63638 of 2018, by which the petitioner was granted anticipatory bail in connection with Bahera P.S. Case No. 207 of 2018, pending in the court of learned Additional Sessions JudgeII, Benipur, Darbhanga 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

Patna High Court Cr.Misc. No.72944 of 2018(2) dt.20-12-2018 2/3 some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioner that satisfaction portion may be corrected in the order dated 11.10.2018 passed in Cr. Misc. No. 63638 of 2018 as 'A.C.J.M.-Benipur, Darbhanga' in place of 'Additional Sessions Judge-II, Benipur, Darbhanga'. 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 11.10.2018 passed in Cr. Misc. No. 63638 of 2018 be read as 'A.C.J.M. Benipur, Darbhanga' in place of 'Additional Sessions Judge-II, Benipur, Darbhanga' 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 11.10.2018 passed in Cr. Misc. No. 63638 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court

Patna High Court Cr.Misc. No.72944 of 2018(2) dt.20-12-2018 3/3 below through e-mail.

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