Bhupendra Singh v. The Union Of India Through Commissioner Of Custom, 5th Floor Cr Building, Birchand Patel Marg, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 4039 of 2018 ====================================================== Bhupendra Singh S/o Late Mohan Singh, R/o A-34 Ranjit Avenue, Amritsar, P.S.- Civil Line, District- Amritsar. .... .... Petitioner/s

Versus

The Union of India Through Commissioner of Custom, 5th Floor CR Building, Birchand Patel Marg, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Nilesh Kr & Ritesh Kr, Advocates For the Opposite Party/s : Mr Satya Prakash Tripathy, Sr SC, Customs ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-01-2018 Heard counsel for the petitioner and the Senior Standing Counsel, Customs.

The submissions made on behalf of the petitioner is that in the bail petition (Cr Misc No 56808 of 2017), due to inadvertence, a typographical error has crept in paragraph 6 of the same wherein the Court in which the Case No 59C of 2017 is pending, has wrongly been stated as the Special Judge, NIA -cumAdditional Sessions Judge IV, Patna. He submits that the same error has also crept in the prayer portion of the bail petition. He also points out that from paragraph 5 of the said bail petition, it is evident that the case was instituted in the Court of Special Judge, Economic Offences, Patna.

By order dated 22.12.2017 passed in Cr Misc No

Patna High Court Cr.Misc. No.4039 of 2018 (3) dt.29-01-2018 2/3 56808 of 2017, the petitioner, though he has been granted bail, is not able to avail of the said order as the name of the Court, in which the case is pending, has been mentioned as the Court of Special Judge, NIA -cum- Additional Sessions Judge IV, Patna instead of Court of Special Judge, Economic Offences, Patna. Prayer is made that the petitioner may be permitted to make corrections in paragraph 6 and prayer portion of the bail petition (Cr Misc No 56808 of 2017) and that the order dated 22.12.2017, whereby the prayer of petitioner has been allowed, may be modified to the extent that in place of the Court of Special Judge, NIA -cum- Additional Sessions Judge IV, Patna, the correct Court may be mentioned as "to the satisfaction of Special Judge, Economic Offences, Patna."

Having considered the aforesaid submissions and on perusal of the original bail application (Cr Misc No 56808 of 2017), the petitioner's prayer for correction/modification of the order dated 22.12.2017 is allowed. The petitioner is permitted to make correction as above in paragraph 6 and prayer portion of the said bail application (Cr Misc No 56808 of 2017) and in the order dated 22.12.2017, it may be read as "to the satisfaction of Special, Judge, Economic Offences, Patna" in place of to the satisfaction of Special Judge, NIA -cum- Additional Sessions Judge IV, Patna.

Patna High Court Cr.Misc. No.4039 of 2018 (3) dt.29-01-2018 3/3 The bail order dated 22.12.2017 passed in Cr Misc No 56808 of 2017 stands modified to the aforesaid extent. (Madhuresh Prasad, J) M.E.H./- U T