Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4816 of 2022 In CRIMINAL MISCELLANEOUS No.17473 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- KARTAHA District- Vaishali ====================================================== GUDDU PASWAN S/o Banahi Paswan @ Banai Paswan @ Binay Paswan R/o Village- Subhai @ Suhai, P.S.- Vaishali, District- Vaishali at Hajipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, 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 27.09.2021 passed in Cr. Misc. No. 17473 of 2020 by which the petitioner was granted anticipatory bail in connection with Kartaha P.S. Case No. 116

Patna High Court CR. MISC. No.4816 of 2022(2) dt.09-02-2022 2/3 of 2019 to the satisfaction of learned Additional Sessions Judge -II-cum- Special Judge, Excise, Vaishali 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. 17473 of 2020, police station of the petitioner is mentioned as 'Kartaha' in place of 'Vaishali' and due to that the same mistake occurred in the cause title of order dated 27.09.2020 passed in Cr. Misc. No. 17473 of 2020 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 27.09.2021 passed in Cr. Misc. No. 17473 of 2020, the P.S. of the petitioner be corrected to be read as 'Vaishali' in place of 'Kartaha'.

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 the modification application, the period of surrender of the

Patna High Court CR. MISC. No.4816 of 2022(2) dt.09-02-2022 3/3 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 27.09.2021 passed in Cr. Misc. No. 17473 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T