Birbal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25647 of 2020 arising out of Criminal Miscellaneous No.2470 of 2020 Arising Out of PS. Case No.-205 Year-2019 Thana- Bakhari District- Begusarai ====================================================== Birbal Kumar Son of Dinesh Paswan @ Dinesh Pasavan Resident of VillageWard No. 15 Rahua, Babhan Gawan, P.S.- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, APP For the Opposite Party/s :

Mr. Ramadhar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-09-2020 The instant application has been filed by the petitioner for modification of the order dated 27.2.2020 passed in Cr. Misc. no. 2470 of 2020 whereby the petitioner had been granted anticipatory bail.

It is submitted that the above anticipatory bail had been granted to the petitioner in the FIR being Bakhari P.S Case no. 205 of 2019 of District Begusarai. However, inadvertently in the prayer portion of the main petition of Cr. Misc. no. 2470 of 2020, it had been stated that the petitioner be granted bail 'to the satisfaction of the learned Additional Sessions Judge IInd-cumSpecial Judge (Excise), Khagaria. It is submitted that in place of Khagaria the same should have been Begusarai and as such the same error in the name of the district has occurred in the order

Patna High Court CR. MISC. No.25647 of 2020(2) dt.30-09-2020 2/2 granting bail dated 27.2.2020.

Having heard learned counsel for the parties and on going through the order dated 27.2.2020 together with the records of Cr. Misc. no. 2470 of 2020, the order dated 27.2.2020 is modified. In the last paragraph of the order dated 27.2.2020 (Annexure-1) passed in Cr. Misc. no. 2470 of 2020, the portion of the order "to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge (Excise) Khagaria....." shall be read as "to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge (Excise), Begusarai....."

The remaining part of the order dated 27.2.2020 shall remain unchanged.

In view of the fact that the period of six weeks granted to the petitioner vide order dated 27.2.2020 to surrender in the Court below has already expired, it is directed that the period for the petitioner to surrender in the Court below, in the order dated 27.2.2020 (Annexure-1) is extended by six weeks from today. The instant application stands disposed off with the modifications to the above extent.

Prakash/- (Partha Sarthy, J) U