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2026 DAILYLAW 10169 (JHR)

RAJESH SAO ALIAS RAJESH KUMAR SAO v. STATE OF JHARKHAND

Cr.M.P./47/2026 · 2026-01-16

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:1462 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 47 of 2026 ------ 1. Rajesh Sao @ Rajesh Kumar Sao @ Rajesh Kumar, aged about 29 years, son of Late Mohan Sao, resident of 042, Ward No.3, Dhobi Tola, Chapa Kalan, P.O. and P.S. –Barkagaon, District –Hazariabagh. 2. Deepak Mahto @ Deepak Kumar Mahto, aged about 33 years, son of Lattu Mahto, resident of Ward No.2, Village – Chapa Kalan, P.O. and P.S. –Barkagaon, District – Hazaribagh. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opp. Party ------ CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner s : Mr. Akshay Yadwendra, Advocate For the State : Mr. Shashi Kr. Verma, Addl. P.P. ------ Order No.02 Dated- 16.01.2026 Heard the parties. This criminal miscellaneous petition has been filed under section 528 of the B.N.S.S., 2023 by the petitioners with the prayer for modification of the order dated 12.04.2019, passed in A.B.A. No. 2173 of 2019. It is submitted by the learned counsel for the petitioners that the petitioners were directed to surrender before the court below within four weeks but as the learned counsel engaged by the petitioners in the said A.B.A. No. 2173 of 2019 failed to inform them about the passing of the order dated 12.04.2019 and the conditions stipulated therein, the petitioners being illiterate villagers residing in remote rural area with limited access to communication facilities relied entirely on their counsel for updates regarding the proceedings and the petitioners came to know about the order dated 12.04.2019, passed in A.B.A. No. 2173 of 2019 and the conditions stipulated therein only recently, after the arrest of the co-accused – Chetlal Kumar in the same case, which prompted them to inquire about the status of the matter through local sources. It is next submitted that the non-compliance was due to circumstances beyond the control of the petitioners, including COVID-19 pandemic and associated lockdowns. It is next submitted that the petitioners have collected money and have prepared the demand draft of Rs.5,000/- each, a copy of which is annexed as Annexure-2 at page nos. 12-13 of the brief. Hence, it is submitted that time to surrender before the court below in terms of the order dated 12.04.2019, passed in A.B.A. No. 2173 of 2019 be extended for six weeks from the date of this order. Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioners, the prayer for extension of time for the petitioners to surrender in the court below in terms of the order dated 12.04.2019, passed in A.B.A. No. 2173 of 2019 is allowed. Hence, the petitioners are directed to surrender before the court below “within six weeks from the date of this order in terms of the order dated 12.04.2019, passed in A.B.A. No. 2173 of 2019”. The order dated 12.04.2019, passed in A.B.A. No. 2173 of 2019 is modified to the aforesaid extent only. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 16.01.2026 Sonu/Gunjan-