Sudhir Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Sudhir Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of the order dated 20.12.2023 passed in Cr. Misc. No. 57978 of 2023: the seven petitioners are directed to surrender before the learned Judicial Magistrate-1st Class, Patna, within two weeks, subject to deposit of Rs. 3,000/- before the District Legal Services Authority, Patna.

Issue for consideration

Whether the order dated 20.12.2023 passed by this Court in Cr. Misc. No. 57978 of 2023 — directing the petitioners to surrender before the court below within four weeks and furnish bail bonds — should be modified, given the petitioners' stated inability to surrender in time due to non-communication of the order within the stipulated period.

Court's answer

The Court modified its order dated 20.12.2023 passed in Cr. Misc. No. 57978 of 2023.

Ratio / Principle

As modified, the petitioners were directed to surrender before the learned Judicial Magistrate-1st Class, Patna, within a period of two weeks from the date of the order (01-03-2024), replacing the earlier four-week deadline.

Key takeaways

The modified surrender direction was made conditional upon deposit of a sum of Rs. 3,000/- before the District Legal Services Authority, Patna.ratio¶24
The present petition stands allowed with the aforesaid modifications.ratio¶25

Detailed headnote1 paragraphs

PATNA HIGH COURT (ORAL ORDER, 01-03-2024, Anil Kumar Sinha, J) — Criminal Miscellaneous No. 14734 of 2024, arising out of Cr. Misc. No. 57978 of 2023 and PS Case No. 374 of 2023, P.S. Gardanibagh, District Patna. Seven petitioners (Sudhir Kumar, Rahul Kumar, Gita Devi @ Geeta Devi, Priti Kumari, Sonu Kumar @ Arun Kumar, Suraj @ Raju Kumar @ Suraj Kumar, and Nitu Kumari — members of one family) sought modification of the Court's order dated 20.12.2023, under which they had been directed to surrender before the court below within four weeks and furnish bail bonds. Counsel submitted that non-communication of the order within the stipulated four-week period caused them to miss the deadline. Granting relief, the Court modified the order dated 20.12.2023: the petitioners were directed to surrender before the learned Judicial Magistrate-1st Class, Patna, within two weeks, subject to deposit of Rs. 3,000/- before the District Legal Services Authority, Patna. The petition stands allowed with these modifications. No statute or precedent is cited in the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14734 of 2024

In

CRIMINAL MISCELLANEOUS No.57978 of 2023

Arising Out of PS. Case No.-374 Year-2023 Thana- GARDANIBAG District- Patna

======================================================

SUDHIR KUMAR S/O- RAMBABU RAM R/O- VILLAGERAGHUNATH ROLA, ANISHABAD, P.S.- GARDANIBAGH, DIST.PATNA.

RAHUL KUMAR S/O- RAMBABU RAM R/O- VILLAGERAGHUNATH ROLA, ANISHABAD, P.S.- GARDANIBAGH, DIST.PATNA.

GITA DEVI @ GEETA DEVI W/O- RAMBABU RAM R/O- VILLAGERAGHUNATH ROLA, ANISHABAD, P.S.- GARDANIBAGH, DIST.PATNA.

PRITI KUMARI W/O- RAJ KUMAR R/O- VILLAGE- RAGHUNATH ROLA, ANISHABAD, P.S.- GARDANIBAGH, DIST.- PATNA.

SONU KUMAR @ ARUN KUMAR S/O- RAMBABU RAM R/OVILLAGE- RAGHUNATH ROLA, ANISHABAD, P.S.- GARDANIBAGH, DIST.- PATNA.

SURAJ @ RAJU KUMAR @ SURAJ KUMAR S/O- RAMBABU RAM R/O- VILLAGE- RAGHUNATH ROLA, ANISHABAD, P.S.GARDANIBAGH, DIST.- PATNA.

NITU KUmARI D/O- RAMBABU RAM R/O- VILLAGE- RAGHUNATH ROLA, ANISHABAD, P.S.- GARDANIBAGH, DIST.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Suresh Prasad Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 01-03-2024 1. Heard learned counsel for the parties concerned.

The present petition has been filed for modification

of the order dated 20.12.2023, passed by this Court in Cr. Misc. no. 57978 of 2023.

Patna High Court CR. MISC. No.14734 of 2024(2) dt.01-03-2024 2/2

Learned counsel for the petitioners submits that vide aforesaid order, the petitioners were directed to surrender before the learned court below within a period of four weeks from the date of order but due to non-communication of the order within the stipulated period of four weeks, they could not surrender within time and could not furnish the bail bonds, as directed by this Court.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also taking into account the averments made in the present petition, order dated 20.12.2023, passed by this Court in Cr. Misc. no. 57978 of 2023 is modified and now, the petitioners are directed to surrender before the learned court of learned Judicial Magistrate-1st class, Patna, within a period of two weeks from today, subject to deposit of a sum of Rs. 3,000/- before the District Legal Services Authority, Patna.

The present petition stands allowed with the aforesaid modifications.

(Anil Kumar Sinha, J)

rinkee/-

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