Ful Chand Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16395 of 2021 In CRIMINAL MISCELLANEOUS No.27694 of 2020 Arising Out of PS. Case No.-275 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

Ful Chand Bind Son of Jagdish Bind Resident of Village - Maksudpur, P.S.- Asthawan, District - Nalanda.

2.

Vijay Bind Son of Jagdish Bind Resident of Village - Maksudpur, P.S.- Asthawan, District - Nalanda.

3.

Maheshwar Bind Son of Nand Lal Bind Resident of Village - Maksudpur, P.S.- Asthawan, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagannath Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-03-2021 This application has been filed for modification in the order dated 12.2.2021 passed in Cr. Misc. No. 27694 of 2020 by which the petitioners were granted anticipatory bail but they could not surrender within time before the court below on account of typing error in the order.

Learned counsel for the petitioners submits that instead of anticipatory bail format, the order has been typed in regular bail format, instead of bail bond of Rs. 25000/- each, it has been typed as Rs. 50,000/- and no time for surrender has

Patna High Court CR. MISC. No.16395 of 2021(2) dt.10-03-2021 2/3 been indicated.

Considering the innocent error, let paragaphs 2 and 5 of the order dated 12.2.2021 passed in Cr. Misc. No. 27694 of 2020 be read as follows:- "The petitioners are apprehending arrest in connection with Asthawan P.S. Case No. 275 of 2019 for the offences under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code. Considering the fact that the petitioners have no criminal antecedent and the nature of injury is simple, the Court is inclined to grant privilege of anticipatory bail to the petitioners on deposit of cash of Rs. 25,000/- each. Let the petitioners, above named, in the event of arrest or surrender within a period of 15 days from the date of communication of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 275 of 2019, subject to deposit of cash of Rs. 25,000/- each and further subject to conditions laid down under Section 438(2) Cr.P.C."

The order dated 12.2.2021 passed in Cr. Misc. No. 27694 of 2020 is modified to the extent as indicated above. The

Patna High Court CR. MISC. No.16395 of 2021(2) dt.10-03-2021 3/3 other part of the order shall remain intact.

With the aforesaid, the modification application stands allowed.

(Anil Kumar Upadhyay, J) Ravi/- U T