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Patna High Court - Orders

Maheshwar Das vs The State Of Bihar on 8 May, 2019

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22992 of 2019
                                                          In
                              CRIMINAL MISCELLANEOUS No.11761 of 2019
                       Arising Out of PS. Case No.-268 Year-2018 Thana- MAHNAR District- Vaishali
                 ======================================================
           1.    Maheshwar Das, aged 55 years, male, Son of Laldeo Das
           2.    Shiv Kumar Das, aged 22 years, male, Son of Jugal Das
           3.    Sunil Kumar Das @ Sunil Das, aged 24 years, male, Son of Maheshwar Das
           4.    Nirmala Devi, aged 48 years, female, Wife of Jugal Das
           5.    Shiv Charan Das, aged 22 years, Son of Jugal Das
                 All resident of Village - Lawapur Mahnar, P.S.- Mahnar, District - Vaishali.


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Rina Sinha, Adv.
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                                   ORAL ORDER


2   08-05-2019

The petitioners seek modification of the order dated 27.02.2019 passed by this Court in Cr. Misc. No. 11761 of 2019 to the extent of correcting the address of the petitioners in the cause title. All the petitioners are residents of "Village-Lawapur Mahnar, P.S.-Mahnar, District-Vaishali".

It has been submitted on behalf of the petitioners Patna High Court CR. MISC. No.22992 of 2019(2) dt.08-05-2019 2/3 that inadvertently, wrong address of the petitioners was provided in the anticipatory bail application (Cr. Misc. No. 11761 of 2019). In support of the genuineness of the claim of the petitioners of their being residents of "Village-Lawapur Mahnar, P.S.-Mahnar, District-Vaishali", the learned counsel for the petitioners has shown to this Court the AADHAR cards of two of the petitioners.

Considering the aforesaid facts, the address of the petitioners in the cause title is modified and all the petitioners be read to be the residents of "Village-Lawapur Mahnar, P.S.-Mahnar, District-Vaishali".

Since the petitioners were directed to surrender before the Court below within a period of four weeks, which time has long expired, this Court deems it appropriate to extend the time for surrendering before the Court below.

In case, the petitioners abovenamed, surrender before the Court below within a period of four weeks from today, they shall be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.22992 of 2019(2) dt.08-05-2019 3/3 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 268 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The order dated 27.02.2019 stands modified accordingly.

Let the corrected copy of the order be uploaded forthwith.

(Ashutosh Kumar, J) Praveen-II/-

U       T