Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42989 of 2021 In CRIMINAL MISCELLANEOUS No.39282 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== 1.

AJIT KUMAR S/o- ANIL SINGH @ BHULET Resident of VillageJiwanchak, P.S.- Didarganj, District- Patna. 2.

RAJESH KUMAR S/o- ANIL SINGH @ BHULET Resident of VillageJiwanchak, P.S.- Didarganj, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Choubey Jawahar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present application has been filed for modification of the order dated 15.04.2021 passed in Cr. Misc. No. 39282 of 2020 by which the petitioners were granted anticipatory bail in connection with Didarganj P.S. Case No. 230/2019 to the satisfaction of learned Chief Judicial Magistrate, Patna and the petitioners were directed to surrender in the Court below within a period of six weeks.

Patna High Court CR. MISC. No.42989 of 2021(2) dt.18-08-2021 2/3 Learned counsel for the petitioners submits that in the prayer portion of petition of Cr. Misc. No. 39282 of 2020, inadvertently due to typographical error words "learned Chief Judicial Magistrate, Patna" had been mentioned in place of "learned Special Judge, Excise, Patna" and, as such, the same occurred in the last paragraph of order dated 15.04.2021. Considering the statement made in paragraph 8 of the present application and the submission made in support thereof, let the words "learned Chief Judicial Magistrate, Patna" occurring in the last paragraph of order dated 15.04.2021 passed in Cr. Misc. No. 39282 of 2020 be corrected to read as "learned Special Judge, Excise, Patna".

Learned counsel for the petitioners further submits that due to some unavoidable reasons 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 submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners in the Court below is extended for a further period of

Patna High Court CR. MISC. No.42989 of 2021(2) dt.18-08-2021 3/3 eight 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 15.04.2021 passed in Cr. Misc. No. 39282 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T