Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6084 of 2022 In CRIMINAL MISCELLANEOUS No.50507 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- PARWALPUR District- Nalanda ====================================================== SONU KUMAR S/o- Shakindra Prasad @ Sakindar Prasad @ Ray Jee R/oKothiya Gandhi Chowk, P.S. - Tajpur, Distt. - Samastipur, At present R/oSantnagar, P.S. - parwalpur, Distt. - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 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 defect(s), 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 22.12.2021 passed in Cr.Misc.No. 50507 of 2021, by which the petitioner was granted

Patna High Court CR. MISC. No.6084 of 2022(2) dt.16-02-2022 2/3 anticipatory bail in connection with Parwalpur P.S. case No.132 of 2021, pending in the court of 1st A.D.J.-cum-Special Judge, Biharsharif and the petitioner was directed to surrender in the court below within a period of twelve weeks.

Counsel for the petitioner submits that in the petition of Cr.Misc.No.50507 of 2021, the address of the petitioner has wrongly been typed as "Sonu Kumar son of Shakindra Prasad, resident of village Parwalpur, P.S. Parwalpur, District Nalanda" and the satisfaction of the court has wrongly been typed as "A.D.J.-cum-Special Judge, Biharsharif" and due to that, same mistake occurred in the order dated 22.12.2021 passed in Cr.Misc.No.50507 of 2021.

Let the address of the petitioner be read as "Sonu Kumar S/o- Shakindra Prasad @ Sakindar Prasad @ Ray Jee R/o- Kothiya Gandhi Chowk, P.S. - Tajpur, Distt. - Samastipur, At present R/o- Santnagar, P.S. - Parwalpur, Distt. - Nalanda and the satisfaction of the court be read as "1st A.D.J.-cum-Special Judge, Biharsharif" in the order dated 22.12.2021 passed in Cr.Misc.No.50507 of 2021.

It is further submitted on behalf of the counsel for the petitioner that due to above mentioned reasons the petitioner could not surrender in the court below well within time. It is

Patna High Court CR. MISC. No.6084 of 2022(2) dt.16-02-2022 3/3 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 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 stipulated in the order will be same.

The order dated 22.12.2021 passed in Cr.Misc.No. 50507 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T