Patna High CourtCR. MISC./41366/2016allowed

Sikandar Kumar Singh v. The State Of Bihar

2016-09-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41366 of 2016 ====================================================== Sikandar Kumar Singh, son of Sachida Nand Singh, resident of villageKisanpur, P.S.- Sahkund, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 11.08.2016 passed in Cr. Misc. No. 25667 of 2016 by which the petitioner was granted bail in connection with Sessions Trial No. 194 of 2014 (arising out of Shahkund P.S. Case No. 138 of 2012), pending in the court of learned 7th A.D.J. Bhagalpur, under Sections 302/34 of the IPC and 27 of the Arms Act.

It is submitted on behalf of learned counsel for the petitioner that inadvertently it has been stated in paragraph no. 14 of the main bail petition that the petitioner is in custody since 29.04.2016 as to when the petitioner is in custody since 07.05.2016. Because of that in the order also the period of custody

Patna High Court Cr.Misc. No.41366 of 2016 (2) dt.21-09-2016 2/2 of the petitioner has been mentioned as 29.04.2016 in place of 07.05.2016. Hence, the petitioner could not be released from the jail.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the period of custody of the petitioner be read as '07.05.2016' in place of '29.04.2016'. The order dated 11.08.2016 passed in Cr. Misc. No. 25667 of 2016, is modified to the extent as indicated above. The modification application is, accordingly, disposed of.

Let a copy of this order be communicated to the learned court below through e-mail.

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