IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22295 of 2009 GUDDU SINGH @ RAJIV RANJAN SINGH, SON OF NAGENDRA SINGH, RESIDENT OF MOHALLA BICHALA TELPA, P.S. CHAPRA TOWN, DISTRICT CHAPRA(SARAN)----PETITIONER. Versus THE STATE OF BIHAR-----OPP. PARTY. WITH Cr.Misc. No.22296 of 2009 SONU SINGH, SON OF LAL BABU SINGH, R/V BAROPUR, P.S. BANIA PUR DISTRICT SARAN(CHAPRA) AT PRESENT RESIDING IN MOHALLA PRABHUNATH NAGAR, P.S. CHAPRA MUFFASIL DISTRICT SARAN-----PETITIONER. Versus THE STATE OF BIHAR-----OPP. PARTY. ----------- 02. 05.08.2009 Heard learned counsel for the petitioners and the State. Petitioners in both the application had earlier applied for grant of bail in the event of arrest in connection with Chapra(Katechary) Rail P.S. Case No. 47 of 2008 registered for the offence under Sections 302 and 120B of the Penal Code by filing separate application. The two applications were disposed of under orders dated 1.5.2009 directing the two petitioners to surrender in the court below within four weeks from 1.5.2009 with direction to the court below to verify whether petitioners have been named only in Paragraph-83 of the case diary by one Bachha Prasad, who has not been cited as witness in the First Information Report and if that be so then to admit the two petitioners to the privilege of bail and until such verification direction was given not to take coercive steps against the petitioners. It is submitted on behalf of the petitioners that they surrendered in the court below within four weeks from 1.5.2009 and the court below in order to comply the directions of this Court called for the case diary but before the case diary could reach the court below the period of four weeks expired and the court below instead of proceeding to verify from the case diary as was directed under orders dated 1.5.2009 has asked the petitioners - 2 - to seek further clarification of the order dated 1.5.2009. If the submissions made by the learned counsel for the petitioners that the petitioners surrendered in the court below within the time granted by this Court under orders dated 1.5.2009 and case diary was called for to verify the submissions noted above and the case diary could reach the court below after expiry of the period of four weeks is true then petitioners are not at fault and appreciating such fact the court below instead of asking the petitioners to seek further modification of the order dated 1.5.2009 should have proceeded to comply the orders of this Court by making necessary verification as for verification this Court did not fix any pre-emptory time under orders dated 1.5.2009. Let the petitioners again surrender in the court of Railway Judicial Magistrate, Ist Class, Sonepur at Saran, Chapra within two weeks from today and thereafter the court below should verify the submissions noted in order dated 1.5.2009. Until such verification no coercive steps be taken against the petitioners and to that extent order no.3 dated 1.5.2009 is modified. Modification application is, accordingly, disposed of. Let this modified order as also the original order be communicated to the court below through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha,J.)