Sudish Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45615 of 2018 In Criminal Miscellaneous No.36623 of 2018 ======================================================
1. SUDISH RAM, son of Sita Ram.
2. AMIRACHAN RAM @ AMICHAN RAM son of late Parewa Ram Both residents of village Siswa Basant, Ward No. 3, P.S.- Kalyanpur, districtEast Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The present application has been filed for modification of the order dated 10.07.2018 passed in Cr. Misc. No. 36623 of 2018 by which the petitioners were granted bail in connection with Kalyanpur P.S. Case No. 59 of 2018 to the satisfaction of Special Judge, Excise, Motihari, East Champaran and the petitioners were directed to surrender in the Court below within a period of six weeks and furnish bail bonds.
Learned counsel for the petitioners submits that during the pendency of the Cr. Misc. No. 36623 of 2018, petitioner no. 2 Amirachan Ram @ Amichan Ram was arrested but the same fact could not be submitted on 10.07.2018 before this Court on account of
Patna High Court Cr.Misc. No.45615 of 2018(2) dt.26-07-2018 2/2 communication gap. Therefore, he wants modification of the order dated 10.07.2018 to the extent indicated above so far petitioner no. 2 is concerned. Learned counsel for the petitioners further submits that due to some unavoidable reasons, petitioner no. 1 Sudish Ram could not surrender and furnish bail bond in the Court below well within time. Hence, it is prayed that further time may be extended so that petitioner no. 1 could surrender in the Court below and furnish bail bonds.
Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the order dated 10.07.2018 passed in Cr. Misc. No. 36623 of 2018 is modified to the extent that the bail application of the petitioner no. 2 is dismissed as withdrawn. Further, with regard to petitioner no. 1, the period of surrender of 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 10.07.2018 passed in Cr. Misc. No. 36623 of 2018 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T