IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10743 of 2010
LAXMAN RAI @ LAXMAN SINGH & ANR
Versus
STATE OF BIHAR
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2/ 23.03.2010 Heard learned counsel for the petitioners on the
application for modification of order dated 15.12.2009
passed in Cr.Misc. No. 42067 of 2009 whereby while
granting anticipatory bail one month’s time was allowed to
the petitioners to surrender in the court below.
It is submitted that the petitioners tried his best
to trace out the fax message sent by this Court to the court
below but the same could not be traced out. Thereafter the
learned counsel for the petitioners filed a petition on
18.01.2010 before the Registrar, Civil Court Ara ( Bhojpur)
about the missing of the fax message of this court and
requested to do the needful. Thereafter, on the same day,
i.e., 18.01.2010 the order of this Court sent through fax
was received in the court of Chief Judicial Magistrate, Ara
but the petitioners were not allowed to surrender, saying
that the time stipulated by the High Court has already
expired.
Considering the submission, aforesaid, the
modification application is allowed to the extent that the
petitioner shall surrender in the court below within one
month from the date of communication of this order.
As prayed for, let this order be sent through fax
-2-
at the cost of the petitioner.
Let an explanation be also called for from the
Chief Judicial Magistrate as well Registrar/ Judge-in-
charge, Bhojpur at Ara in connection with Sikarhatta P.S.
Case No. 40 of 2009, as to under what circumstances FAX
message was not attached with record for proper relief to
the petitioner
After receipt of explanation this case be placed
for orders.
( Mandhata Singh, J )
BTiwary/