Patna High CourtCR. MISC./76385/2018disposed

Hari Sah @ Vishnu Kumar Sah And ORS v. The State Of Bihar

2018-12-20Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76385 of 2018 In Criminal Miscellaneous No.53361 of 2018 Arising Out of PS. Case No.- Year- Thana- District- East Champaran ======================================================

1. Hari Sah @ Vishnu Kumar Sah, Son of Yogendra Sah.

2. Rakesh Yadav, Son of Jagarnath Yadav @ Jainath Kapad.

3. Rajesh Yadav, Son of Jagarnath Yadav @ Jainath Kapad.

4. Ram Vikash Yadav @ Vikash Yadav @ Ram Vilash Yadav, Son of Ravi Yadav @ Ravi Shankar Yadav.

5. Mukesh Yadav, Son of Prabhu Yadav.

6. Mahendra Yadav, Son of Late Raja Kapad.

7. Santosh Kumar @ Santosh Kapad, Son of Shambhu Yadav.

8. Ravi Shankar Yadav, Son of Baidhyanath Kapad.

9. Baidhyanath Kapad, Son of Late Raja Kapad. All Resident of VillageMahanguwa, P.S. Kundwachainpur, Distt.-East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr. Madan Kumar, A.P.P.

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

The present application has been filed for modification of the order dated 20.11.2018 passed in Cr. Misc. No. 53361 of 2018, by which the petitioners were granted anticipatory bail in connection with Kundwachainpur P.S. Case No. 68 of 2018, G.R. Case No. 570 of 2018, pending in the court of learned S.D.J.M., Sikrahana at Dhaka, East Champaran, and the petitioners were directed to surrender in the court below

Patna High Court Cr.Misc. No.76385 of 2018(2) dt.20-12-2018 2/3 within a period of six weeks and furnish bail bond. Learned counsel for the petitioners submits that due to some unavoidable reasons the petitioner no. 1 could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioners that the name of petitioner no. 1 may be corrected at the top of the order dated 20.11.2018 passed in Cr. Misc. No. 53361 of 2018 as 'Hari Sah @ Vishnu Kumar Sah' in place of 'Hari Sah'. It is further submitted that further time may be extended so that the petitioner no. 1 could surrender in the court below and furnish bail bond.

Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, the name of the petitioner no. 1 at the top of the order dated 20.11.2018 passed in Cr. Misc. No. 53361 of 2018 be read as 'Hari Sah @ Vishnu Kumar Sah' in place of 'Hari Sah' and the period of surrender of the petitioner no. 1 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 20.11.2018 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.76385 of 2018(2) dt.20-12-2018 3/3 53361 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

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