Mukesh Kumar @ Mukesh Kumar Singh v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.86825 of 2019 In CRIMINAL MISCELLANEOUS No.23163 of 2019 Arising Out of PS. Case No.-715 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== 1.

Mukesh Kumar @ Mukesh Kumar Singh, Son of Late Kishor Prasad, Resident of 302A, R.N. Villa A present Mahatma Gandhi Nagar, P.S.- Agamkuan, Distt - Patna.

2.

Chhotu @ Roshan Kumar, Son of Late Kishor Prasad, Resident of 302A, R.N. Villa A present Mahatma Gandhi Nagar, P.S.- Agamkuan, Distt - Patna. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Mamta Kumari, W/O Rajesh Kumar, D/O Jamun Prasad Yadav, Resident of Dwarikapuri, Road No. 1, Hanumannagar, P.S.- Agamkuan, Kankarbagh, Patna - 800020 ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2020 Heard learned counsel for the petitioners and Mr. Zainul Abedin, learned A.P.P. for the State.

Petitioners in the present case has invoked the inherent power of this Court seeking a modification in the order dated 22.07.2019 passed in Cr. Misc. No. 23163 of 2019 to the extent that the petitioners may be allowed to submit bail bond with two sureties in terms of the order dated 12.04.2019 while granting provisional bail to the petitioners. Learned counsel for the petitioners submits that Mr.

Patna High Court CR. MISC. No.86825 of 2019(3) dt.29-06-2020 2/3 Sanjay Kumar, learned Advocate who was representing the petitioner in the present case had been arrested in connection with Buddha Colony P.S. Case No. 224 of 2019 and was released on bail by this Court in Cr. Misc. No. 58406 of 2019 on 20.09.2019. Because of his arrest, the petitioners could not be informed about the grant of provisional bail and the requirement to submit bail bond of Rs. 10,000/- with two sureties. Subsequently, when the matter came for final consideration, this Court proceeded to pass order dated 22.07.2019 under belief that the petitioners must have submitted their bail bond in terms of the order dated 12.04.2019 hence, this Court confirmed the provisional anticipatory bail on the same bail bond. Learned counsel submits that there was no intentional disobedience of the order passed by this Court hence, the time fixed for submission of bail bond with two sureties may be extended by a further period of four weeks from today. Learned A.P.P. for the State is present.

Having regard to the facts and circumstances of the case and the materials present on the record, this Court directs that the petitioners may be allowed to submit bail bond with two sureties in terms of the order dated 12.04.2019 which has been confirmed by the subsequent order dated 22.07.2019 within four

Patna High Court CR. MISC. No.86825 of 2019(3) dt.29-06-2020 3/3 weeks from today.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.