Ramakant Kumar @ Ramakant Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35900 of 2023 In CRIMINAL MISCELLANEOUS No.74313 of 2022 Arising Out of PS. Case No.-393 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

RAMAKANT KUMAR @ RAMAKANT SAHNI Son of Dashrath Sahni Resident of Village - Karamwa, Police Station - Majhauliya, District - West Champaran.

2.

Nandu Sahni Son of Ramchandra Sahni Resident of Village - Karamwa, Police Station - Majhauliya, District - West Champaran. 3.

Sandesh Sahni Son of Late Nandu Sahni Resident of Village - Karamwa, Police Station - Majhauliya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The present application has been filed for modification of the order dated 20.04.2023 passed in Cr. Misc. No. 74313 of 2022 by which the petitioners were granted anticipatory bail in connection with Majhauliya P.S. case No. 393 of 2022 and the petitioners were directed to surrender in the Court below within a period of twelve weeks. Learned counsel for the petitioners submits that inadvertently due to typographical error in the first paragraph

Patna High Court CR. MISC. No.35900 of 2023(2) dt.21-06-2023 2/3 and prayer portion of the petition of Cr. Misc. No. 74313 of 2022, the name of the court below has been typed as 'learned Additional Sessions Judge-II-cum-Exclusive Special Excise, Bettiah, West Champaran' in place of 'Sri Sumit Kumar, learned Judicial Magistrate 1st Class, West Champaran, Bettiah' and due to that reason the petitioners could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioners that further time may be extended so that the petitioners could surrender in the Court below. Considering the submission made on behalf of the learned counsel for the petitioners and from perusal of the record, it appears that the learned counsel for the petitioners is correct in his submission.

Let the words 'learned Additional Sessions Judge-IIcum-Exclusive Special Excise, Bettiah, West Champaran' occurring in the last paragraph of the order dated 20.04.2023 passed in Cr. Misc. No. 74313 of 2022 be read as 'Sri Sumit Kumar, learned Judicial Magistrate 1st Class, West Champaran, Bettiah'. The period of surrender of the petitioners 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.

Patna High Court CR. MISC. No.35900 of 2023(2) dt.21-06-2023 3/3 The order dated 20.04.2023 passed in Cr. Misc. No. 74313 of 2022 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T