Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15634 of 2022 In CRIMINAL MISCELLANEOUS No.47914 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== 1.

Shailesh Kumar, Male, aged about 21 years, S/O Ranjeet Chaudhary @ Nanka Chaudhary, R/o village- Golakpur, P.S.- Ghosi, District- Jehanabad. 2.

Sunil Chaudhary, Male, aged about 23 years, S/o Shankar Chaudhary, R/o village- Golakpur, P.S.- Ghosi, District- Jehanabad. 3.

Nitish Kumar, Male, aged about 22 years, S/o Deepak Chaudhary, R/o village- Golakpur, P.S.- Ghosi, District- Jehanabad. 4.

Sikandar Chaudhary, Male, aged about 42 years, S/o Gunni Chaudhary, R/o village- Golakpur, P.S.- Ghosi, District- Jehanabad. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ashok Kumar, Advocate For the Opposite Party :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The present application has been filed for modification of the order dated 11.01.2022, passed in Cr. Misc. No. 47914 of 2021, by which the petitioners were granted anticipatory bail in connection with Ghoshi P.S. Case No. 115 of 2021, pending in the court of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.15634 of 2022(2) dt.06-04-2022 2/3 Jehanabad, and the petitioners were directed to surrender in the court below within a period of twelve weeks and furnish bail bond.

Learned counsel for the petitioners submits that due to some unavoidable reasons the petitioners could not surrender in the learned court below well within time. It is prayed on behalf of learned counsel for the petitioners that due to inadvertent mistake, 'Ghoshi P.S. Case No. 115 of 2021' has wrongly been typed in place of 'Ghoshi P.S. Case No. 155 of 2021'. It is further submitted that further time may be extended so that the petitioners could surrender in the court below. Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, 'Ghoshi P.S. Case No. 155 of 2021' should be read in place of 'Ghoshi P.S. Case No.

115 of 2021' and the period of surrender of the petitioners 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 11.01.2022 passed in Cr. Misc. No. 47914 of 2021, is modified to the extent as indicated above. The present application is allowed.

Patna High Court CR. MISC. No.15634 of 2022(2) dt.06-04-2022 3/3 Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) U.K./- U T