Patna High CourtCR. MISC./19416/2020allowed

Anil Mahto v. The State Of Bihar

2021-11-02Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19416 of 2020 In CRIMINAL MISCELLANEOUS No.2657 of 2020 Arising Out of PS. Case No.-84 Year-2019 Thana- MARANCHI District- Patna ====================================================== Anil Mahto, aged about 38 years, male, S/o Aoulli Mahto @ Oli Mahto, Resident of Village- Simariya Ghat, P.S.- Chakiya, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 Heard Mr. Mithilesh Kumar Singh, the learned Advocate for the petitioner and Mr. Tarun Prasad Manda, the learned APP for the State.

The petitioner seeks modification of the order dated 28.02.2020 passed in Cr. Misc. No. 2657 of 2020, whereby he was granted the privilege of anticipatory bail. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.19416 of 2020(2) dt.02-11-2021 2/3 that inadvertently his address has wrongly been stated in the bail application. Merely after one week of the passing of the order, an application for modification was filed but the same could not be taken up till date.

An affidavit has been filed explaining the reason for the wrong entry of address of the petitioner. It has, therefore, been requested that the order dated 28.02.2020 be modified to the extent that the address of the petitioner be read as "R/o Village-Simariya Ghat, Bind Toli, P.S.-Chakiya, District-Begusarai" in place of "P.S.- Maranchi, District-Patna".

In view of the submission afore-stated, the order dated 28.02.2020 is modified to the extent indicated above. Since the order dated 28.02.2020 directed that in the event of the arrest or surrender of the petitioner before the Court below within a period of twelve weeks from the date of passing of the order, he shall be released on bail and that could not be done because of the wrong address of the petitioner, referred to above, in the bail order, the date for surrendering of the petitioner before the Court below is

Patna High Court CR. MISC. No.19416 of 2020(2) dt.02-11-2021 3/3 hereby extended for a period of eight weeks, to be counter from today.

The other condition/s imposed vide order dated 28.02.2020 shall subsist.

With the aforesaid modification, the application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T