Vijay Sao v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6447 of 2020 In CRIMINAL MISCELLANEOUS No.55192 of 2019 Arising Out of PS. Case No.-95 Year-1999 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

VIJAY SAO S/o Late Raghunandan Saw Residence of Village- Belhari, P.S.- Belaganj, District- Gaya.

2.

Arun Sao S/o Late Raghunandan Saw Residence of Village- Belhari, P.S.- Belaganj, District- Gaya.

3.

Ashok Sao S/o Late Raghunandan Saw Residence of Village- Belhari, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

The State Of Bihar And Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and the State. The present application has been filed for modification of the order dated 16-11-2019 passed in Cr. Misc. No. 55192 of 2019 by which the petitioner Nos. 2 & 3 were granted anticipatory bail in connection with Complaint Case No. 95C of 1999 pending in the court of learned Sub Divisional Judicial Magistrate, Danapur. It is submitted on behalf of the petitioners that there were three petitioners who had preferred an application for grant of anticipatory bail but due to typographical error in the above-mentioned order, the reference with regard to petitioner Nos. 2 & 3 only was made and the reference with regard to petitioner No. 1 was left out.

Patna High Court CR. MISC. No.6447 of 2020(3) dt.23-02-2022 2/2 From perusal of the above-mentioned order, it appears that there is no order of rejection or grant of anticipatory bail with regard to the petitioner No. 1. Hence the present modification application was filed on 28-01-2020 within a period of three months from passing of above-referred order.

Considering the aforesaid facts and circumstances, the order dated 16-11-2019 passed in Cr. Misc. No. 55192 of 2019 stands modified to the extent that in the order of grant of anticipatory bail, the name of petitioner No. 1 be also treated to be inserted and further the period of surrender of the petitioner No. 1 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 16-11-2019 passed in Cr. Misc. No. 55192 of 2019.

The order dated 16-11-2019 passed in Cr. Misc. No. 55192 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