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Patna High CourtCR. MISC./31359/2021disposed

Sanjay Koda v. The State Of Bihar

2021-08-25Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31359 of 2021 In CRIMINAL MISCELLANEOUS No.32118 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== SANJAY KODA S/o Muneshwar Koda R/o village- Baskund, P.S.- Sangrampur, District- Lakhisarai.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Md. Irshad, Advocate.

For the State :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the Stamp Reporter, within four weeks of starting of the Court proceeding in physical mode in normal course. Heard learned counsel appearing for the petitioner and the learned A.P.P. appearing for the State, through Video Conferencing.

This application has been filed on behalf of the petitioner for modification of the order dated 24.02.2021 passed in Criminal Misc. No.32118 of 2020 by this Court with respect to the address of the petitioner in the cause title of the aforesaid order.

Patna High Court CR. MISC. No.31359 of 2021(2) dt.25-08-2021 2/3 Learned counsel for the petitioner submits that vide order dated 24.02.2021 passed in Criminal Misc. No.32118 of 2020, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of the aforesaid order, was granted the privilege of pre-arrest bail by this Court in connection with Piri Bazar P.S. Case No.115 of 2019, pending in the court of the Sub-Divisional Judicial Magistrate, Lakhisarai. Learned counsel for the petitioner further submits that, in fact, the petitioner is a resident of village-Chaihroun, P.S. Chanan, District-Lakhisarai and the same is also detailed in the F.I.R., but, inadvertently, in the cause title of Criminal Misc. No.

32118 of 2020, the address of the petitioner had wrongly been mentioned as 'resident of village-Baskund, Police Station-Sangrampur, DistrictLakhisarai', and due to that reason, the address of the petitioner in the cause title of the aforesaid order dated 24.02.2021 passed in Criminal Misc. No.32118 of 2020 by this Court has been mentioned as 'resident of village-Baskund, Police StationSangrampur, District-Lakhisarai', in place of resident of 'village-Chaihroun, P.S. Chanan, District-Lakhisarai' and prays for modification of the aforesaid order dated 24.02.2021 passed in Criminal Misc. No.32118 of 2020 by this Court in this regard.

Patna High Court CR. MISC. No.31359 of 2021(2) dt.25-08-2021 3/3 In view of the aforesaid submission of the learned counsel for the petitioner, let in the cause title of the aforesaid order dated 24.02.2021 passed in Criminal Misc. No.32118 of 2020 by this Court, the address of the petitioner be read as 'resident of village-Chaihroun, P.S. Chanan, DistrictLakhisarai', in place of 'resident of village-Baskund, Police Station-Sangrampur, District-Lakhisarai'.

Let the period of surrender of the petitioner in connection with the aforesaid case before the court concerned be extended for a further period of four weeks from today. The order dated 24.02.2021 passed in Criminal Misc. No.32118 of 2020 by this Court is modified to the aforesaid extent only.

Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T