Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23447 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sanjeev Kumar, Son of Sri Shiv Kumar Rai, Resident of Village - Kamalpur Bithraul, P.S.- Baruraj, Distt.- Muzaffarpur at Present Resident of MohallaBrahmpura Krishna Toli, P.s.- Brahampura, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Surendra Prasad Yadav, Son of Rameshwar Rai Resident of Village - Karnaul Chaturbhuj, P.S.- Sahebganj, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-09-2019 The record has been put up under the heading "To Be Mentioned" at the instance of the learned counsel for the petitioner. Learned counsel for the petitioner submits that vide order dated 08.08.2019, the petitioner was directed to be released on bail in the event of arrest on furnishing bail bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the concerned SubDivisional Judicial Magistrate, West Muzaffarpur in connection with Complaint Case No. 15 of 2018 (Trial No. 4466 of 2018), subject to the condition laid down under Section 438(2) Cr.P.C. But due to non apprehending of the petitioner, he could not furnish the bail Bond and inadvertently, in the last paragraph of order dated 08.08.2019, the word "Having regard to the facts and circumstances of the case, let

Patna High Court CR. MISC. No.23447 of 2019(5) dt.11-09-2019 2/2 the provisional bail granted to the petitioner vide order, dated 11.04.2019, is hereby confirmed" typed.

In view of the above submission, let the last paragraph of order dated 08.08.2019 be read as follows:- "Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Complaint Case No. 15 of 2018 (Trial No. 4466 of 2018), subject to the condition as laid down under Section 438(2) of the Cr.P.C".

The period of surrender of petitioner is extended for four weeks from today.

The order dated 08.08.2019 is modified to the said extent. (Rajendra Kumar Mishra, J) Bhardwaj/- U T