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Patna High CourtCR. MISC./5208/2022allowed

Pritam Sharma v. The State Of Bihar

2022-02-09Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5208 of 2022 In CRIMINAL MISCELLANEOUS No.59944 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== PRITAM SHARMA S/o Rajendra Sharma R/o village- Dumaria, Old Usraha, P.S.- Beldour, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddhartha Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present application has been filed for modification of the order dated 10.12.2021 passed in Cr. Misc. No. 59944/2021 by which the petitioner was granted

Patna High Court CR. MISC. No.5208 of 2022(2) dt.09-02-2022 2/3 anticipatory bail in connection with Excise Complaint Case No. 55C3/2021 to the satisfaction of learned Special Judge, Excise, Khagaria and the petitioner was directed to surrender in the Court below within a period of twelve weeks.

Learned counsel for the petitioner submits that due to typographical error, in the petition of Cr. Misc. No. 59944 of 2021, father's name of the petitioner is mentioned as 'Ravindera Sharma' in place of 'Rajendra Sharma' and due to that the same error occurred in the cause title of order dated 10.12.2021 passed in Cr. Misc. No. 59944/2021 and hence, the bail bonds of the petitioner was not accepted by the Court below. From perusal of the record, it appears that the counsel for the petitioner is correct in his submission. Let in the order dated 10.12.2021 passed in Cr. Misc. No. 59944/2021, the father's name of the petitioner be corrected to be read as 'Rajendra Sharma' in place of 'Ravindera Sharma'.

It is further prayed on behalf of the learned 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

Patna High Court CR. MISC. No.5208 of 2022(2) dt.09-02-2022 3/3 the modification application, the period of surrender of the petitioner in the Court below is also 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 stipulated in the order will be same.

The order dated 10.12.2021 passed in Cr. Misc. No. 59944/2021 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T