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Patna High CourtCR. MISC./11760/2022allowed

Naresh Yadav @ Ram Naresh Singh v. The State Of Bihar

2022-03-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11760 of 2022 In CRIMINAL MISCELLANEOUS No.71752 of 2021 Arising Out of PS. Case No.-562 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== NARESH YADAV @ RAM NARESH SINGH S/o Late Ram Ekbal Singh R/o village- Dewaria, P.S.- Akorhi Gola, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The present application has been filed for modification of the order dated 13-01-2022 passed in Cr. Misc. No. 71752 of 2021 by which the petitioner was granted anticipatory bail in connection with Dehri Town P.S. Case No. 562 of 2019 pending in the court of learned Special Judge, Excise, Rohtas.

It is submitted on behalf of the petitioner that inadvertently in the fifth paragraph of page one of the order dated 13-01-2022, passed in Cr. Misc. No. 71752 of 2021, the sections have wrongly been mentioned as "379, 353, 411/34" of the Indian Penal Code in place of Sections-"147, 148, 149, 323, 307, 353" of the Indian Penal Code and due to that, the petitioner could not surrender within the

Patna High Court CR. MISC. No.11760 of 2022(2) dt.09-03-2022 2/2 stipulated time. It is 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 order dated 13-01-2022, passed in Cr. Misc. No. 71752 of 2021 is modified to the extent that Sections mentioned as "379, 353, 411/34" in the order be read as "147, 148, 149, 323, 307, 353" and 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 shall remain the same as mentioned in the order dated 1301-2022, passed in Cr. Misc. No. 71752 of 2021. The order dated 13-01-2022, passed in Cr. Misc. No. 71752 of 2021 is modified to the extent as indicated above. The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T