In an oral order, the Patna High Court modified an earlier anticipatory bail order by correcting the name of the court for surrender and granting an extension of six weeks for the petitioner to surrender.
The order dated 04.09.2018 modified to correct the court name for surrender; surrender period extended by six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65286 of 2018
====================================================== Muneshwar Manjhi @ Muneshwar Bhuiyan, S/o Late Munshi Bhuiyan, R/o Vill.- Jai Prakash Nagar, Barachatti, P.S.- Barachatti in the District of Gaya.
.... .... Petitioner
Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sunil Kumar, Advocate. For the Opposite Party : Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Heard learned counsel for the petitioner and learned
2 31-10-2018
counsel for the State.
The present application has been filed for modification of the order dated 04.09.2018 passed in Cr. Misc. No. 52473 of 2018, by which the petitioner was granted anticipatory bail in connection with Barachatti P.S. Case No. 390 of 2018, pending in the court of learned Additional Sessions Judge-II, Jehanabad and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond.
Learned counsel for the petitioner submits that due to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioner that satisfaction portion may be corrected in the order dated 04.09.2018 passed in Cr. Misc. No.
Patna High Court Cr.Misc. No.65286 of 2018 (2) dt.31-10-2018
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52473 of 2018 as learned ‘Additional Sessions Judge-V-cumSpecial Judge, Excise, Gaya’ in place of learned ‘Additional Sessions Judge-II, Jehanabad’. It is further submitted that further time may be extended so that the petitioner could surrender in the court below and furnish bail bond.
Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the satisfaction portion in the order dated 04.09.2018 passed in Cr. Misc. No. 52473 of 2018 be read as learned ‘Additional Sessions Judge-V-cum-Special Judge, Excise, Gaya’ in place of learned ‘Additional Sessions Judge-II, Jehanabad’ and the period of surrender of the petitioner 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 04.09.2018 passed in Cr. Misc. No. 52473 of 2018, is modified to the extent as indicated above.
Let this order be communicated to the learned court below through e-mail.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the date of the court for surrender and the court name in the earlier anticipatory bail order should be modified and the surrender period extended.
Muneshwar Manjhi @ Muneshwar Bhuiyan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
