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Patna High CourtCR. MISC./631/2020allowed

Gandhi Tiwari v. The State Of Bihar

2020-07-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.631 of 2020 In CRIMINAL APPEAL (SJ) No.2827 of 2019 Arising Out of PS. Case No.-2 Year-2017 Thana- INARWA District- West Champaran ====================================================== 1.

Gandhi Tiwari, Son of Sri Bikarama Tiwari Resident of VillageSenuwariya, P.S.- Inarwa, District- West Champaran. 2.

Pintu Tiwari Son of Sri Gandhi Tiwari Resident of Village- Senuwariya, P.S.- Inarwa, District- West Champaran.

3.

Vicky Tiwari @ Vicky Kumar Tiwari Son of Sri Gandhi Tiwari Resident of Village- Senuwariya, P.S.- Inarwa, District- West Champaran. 4.

Sonu Tiwari @ Manishankar Tiwari Son of Sri Gandhi Tiwari Resident of Village- Senuwariya, P.S.- Inarwa, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-07-2020 Heard Mr. Umesh Chandra Verma, learned Advocate for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

Vicky Tiwari @ Vicky Kumar Tiwari (petitioner no. 3), seeks modification of the order dated 31.07.2019 passed by a Bench of this Court in Cr. App (SJ) No. 2827 of 2019.

By the aforesaid order, petitioner no. 3 was granted anticipatory bail but subject to his surrender before the court below within a period of six weeks of the passing of the order.

Patna High Court CR. MISC. No.631 of 2020(2) dt.01-07-2020 2/2 Learned counsel for the petitioners submits that as the petitioner no. 3 lives outside the state, he could not surrender and furnish bail bonds within the time frame fixed by the Court.

For the reasons stated in the petition, the prayer is allowed.

The order dated 31.07.2019 is modified to the extent that if Vicky Tiwari @ Vicky Kumar Tiwari (petitioner no. 3) surrenders before the court below within a period of six weeks from today, he shall be released on anticipatory bail on the same terms and conditions as directed earlier on 31.07.2019. The order dated 31.07.2019 stands modified to the extent indicated above.

The modification petition stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T