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Patna High CourtCR. MISC./7435/2021allowed

Suryanath Prasad @ Sugrayanath Prasad v. The State Of Bihar

2021-02-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7435 of 2021 In CRIMINAL MISCELLANEOUS No.82750 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- GUTHANI District- Siwan ====================================================== 1.

SURYANATH PRASAD @ SUGRAYANATH PRASAD Son of Late Sonari Prasad Resident of village - Majhwaliya, Majhauliya, Police Station - Asaon, District - Siwan.

2.

Kedarnath Prasad Son of Suryanath Prasad @ Sugrayanath Prasad Resident of village - Majhwaliya, Majhauliya, Police Station - Asaon, District - Siwan.

3.

Parasnath Prasad @ Paras Prasad Son of Suryanath Prasad @ Sugrayanath Prasad Resident of village - Majhwaliya, Majhauliya, Police Station - Asaon, District - Siwan.

4.

Ajay Kumar @ Ajay Prasad Son of Suryanath Prasad @ Sugrayanath Prasad Resident of village - Majhwaliya, Majhauliya, Police Station - Asaon, District - Siwan.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kishore Mishra Son of Shri Dhruv Narayan Mishra Resident of village - Bhathahi, Police Station - Guthani, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Abhay Kumar Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the parties.

By an order, dated 19.06.2020, passed in Cr. Misc. No. 82750 of 2019, whereby the petitioner has been granted anticipatory bail in connection with Guthani P.S. Case No. 128 of 2019 to the satisfaction of learned Additional Sessions Judge 2nd -cum-Special Judge, Excise, Siwan. The satisfaction of the said learned Court was recorded in view of the description of the Court below, as given in the prayer portion of the bail

Patna High Court CR. MISC. No.7435 of 2021(2) dt.24-02-2021 2/2 application.

In this application seeking modification of the order wherein it has been stated that the description of the Court below was wrongly given as learned Additional Sessions Judge 2nd-cum-Special Judge, Excise, Siwan in the original application because of which the discrepancy crept into the said order dated 19.06.2020.

Considering the above, let 'learned Additional Sessions Judge 2nd -cum-Special Judge, Excise, Siwan' in the order dated 19.06.2020 passed in Cr. Misc. No. 82750 of 2019 be read as 'learned Chief Judicial Magistrate, Siwan'. Having regard to the submissions made on behalf of the parties, the time allowed for the petitioner to surrender before the learned Court below for furnishing bail bond by order dated 19.06.2020 passed in Cr. Misc. No. 82750 of 2019, is hereby extended by four weeks from today.

This application is allowed with the modification as above.

(Chakradhari Sharan Singh, J) AKASH/- U T