Patna High CourtCR. MISC./25242/2022allowed

Goutam Kumar v. The State Of Bihar

2022-05-18Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25242 of 2022 In CRIMINAL MISCELLANEOUS No.5743 of 2022 Arising Out of PS. Case No.-75 Year-2019 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Goutam Kumar, aged about 35 years, male, Son of Mahadeo Mandal, R/o Village - Milky Lachminiya, Kadwa Post Khairpur, Ward No.- 7, Naugachiya, Police Station - Dholbajja, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupa Nand Jha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2022 Heard the learned counsel for the parties.

This is an application seeking modification of the order dated 12.04.2022 passed in Cr. Misc. No. 5743 of 2022, whereby the application of the petitioner for grant of anticipatory bail in connection with Dholbajja (Kadwa) P.S. Case No. 75 of 2019 was allowed.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.25242 of 2022(2) dt.18-05-2022 2/3 that inadvertently in the prayer portion of the bail application, in place of "Judicial Magistrate-Ist Class, Naugachiya (Bhagalpur)", "1st Addl. District & Sessions Judge, Naugachiya, (Bhagalpur)" has been typed. Consequently, in the last paragraph of the order dated 12.04.2022, the name of the Court has been recorded as "1st Addl. District & Sessions Judge, Naugachiya, (Bhagalpur)".

Considering the aforesaid submission, let the name of the Court recorded in the last paragraph of the order, referred to above, be treated to be corrected accordingly and read as "Judicial Magistrate-Ist Class, Naugachiya (Bhagalpur)".

It has further been submitted that because of such mistake, the petitioner could not surrender before the Court below within the stipulated period.

For the reasons stated in the application, the prayer made on behalf of the petitioner to extend the period for surrendering before the Court below is allowed. The order dated 12.04.2022 is modified to the

Patna High Court CR. MISC. No.25242 of 2022(2) dt.18-05-2022 3/3 extent that if the petitioner/Goutam Kumar surrenders before the Court below within a period of four weeks from today, he shall be released on anticipatory bail on the same terms and conditions as laid down in the order dated 12.04.2022.

The order dated 12.04.2022 stands modified to the extent indicated above.

The application stands allowed.

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