Saurav Rai @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35904 of 2023 In CRIMINAL MISCELLANEOUS No.38751 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SAURAV RAI @ SAURAV KUMAR, aged about 19 years, Male, S/O AJAY RAI @ AJAY KUMAR, House No. 41, Ward No. 12, Aanganbari Kendra, R/O Village of-Teka Bigha, PS. Bakhtiyarpur, Dist.- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Diwakar Sinham, Advocate For the State :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 22.12.2021, passed in Cr. Misc. No. 38751 of 2021, by which the petitioner was granted anticipatory bail in connection with Special Case No. 6446 of 2020, arising out of Bakhtiyarpur P.S. Case No. 257 of 2020, pending in the court of learned Special Judge, Excise, Patna and the petitioner was directed to surrender in the court below within a period of twelve weeks and furnish bail bond.

Learned counsel for the petitioner submits that due

Patna High Court CR. MISC. No.35904 of 2023(2) dt.21-06-2023 2/3 to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioner that on the top, in the order dated 22.12.2021, passed in Cr. Misc. No. 38751 of 2021, the father's name of the petitioner has wrongly been mentioned as 'S/O Nawal Rai @ Nawal Singh' in place of 'Ajay Rai @ Ajay Kumar'. It is further submitted that further time may be extended so that the petitioner could surrender in the court below. Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, let on the top, in the order dated 22.12.2021, passed in Cr. Misc. No.

38751 of 2021, the father's name of the petitioner be read as 'Ajay Rai @ Ajay Kumar' in place of 'Nawal Rai @ Nawal Singh' and the period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

The order dated 22.12.2021, passed in Cr. Misc.

Patna High Court CR. MISC. No.35904 of 2023(2) dt.21-06-2023 3/3 No. 38751 of 2021, is modified to the extent as indicated above.

The present application is disposed of.

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

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