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Patna High CourtCR. MISC./11334/2021allowed

Sushil Mehta v. The State Of Bihar

2022-02-23Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11334 of 2021 In CRIMINAL MISCELLANEOUS No.69141 of 2019 Arising Out of PS. Case No.-59 Year-2013 Thana- JADIA District- Supaul ====================================================== SUSHIL MEHTA S/o Late Vaidyanath Mehta R/o village- Heerapati, P.S.- Jadia, District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anita Devi W/o Sushil Mehta, D/o Bindeshwari mehta R/o village- Thuthi, P.S.- Bhimpur, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The present application has been filed for modification of the order dated 24-06-2020 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 69141 of 2019 by which the petitioner along with one another was granted anticipatory bail in connection with Jadia P.S. Case No. 59 of 2013 pending in the court of learned Sub Divisional Judicial Magistrate, Supaul. It is submitted on behalf of the petitioner that inadvertently, incorrect address of the petitioner has been typed in the main

Patna High Court CR. MISC. No.11334 of 2021(2) dt.23-02-2022 2/3 petition of Cr. Misc. No. 69141 of 2019 and due to that, same mistake occurred in the order dated 24-06-2020 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 69141 of 2019. Hence, the bail bond of the petitioner could not be accepted and he could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the address of the petitioners mentioned in the cause title of the order dated 24-06-2020 passed in Cr. Misc. No. 69141 of 2019 be read as "VillageHeerapati, P.S.

Jadia, District-Supaul" in place of "VillageBarahkurwa, P.S. Triveniganj, Distt. Supaul" and the period of surrender of the petitioner in the court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions shall remain the same as mentioned in the order dated 24-06-2020 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 69141 of 2019.

The order dated 24-06-2020 passed by a coordinate bench

Patna High Court CR. MISC. No.11334 of 2021(2) dt.23-02-2022 3/3 (then His Lordship was) in Cr. Misc. No. 69141 of 2019 is modified to the extent as indicated above.

The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T