Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42741 of 2021 In CRIMINAL MISCELLANEOUS No.10121 of 2021 Arising Out of PS. Case No.-340 Year-2020 Thana- MANER District- Patna ====================================================== VICKY KUMAR Son of Late Leelu Rai @ Ram Nath Rai Resident of Village - Maner Tola, P.S. - Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2021 Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

Learned counsel for the petitioner 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 13.04.2021 passed in Cr. Misc. No. 10121 of 2021 by which the petitioner was granted anticipatory bail in connection with Maner P.S. Case No. 340/2020 to the satisfaction of learned J.M. 1st Class, Danapur, Patna and the petitioner was directed to surrender in the Court below within a period of eight weeks.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42741 of 2021(2) dt.18-08-2021 2/3 inadvertently due to typographical error, father's name of the petitioner had been mentioned in petition of Cr. Misc. No. 10121 of 2021 and the Vakalatnama as "Leelu Rai @ Ram Naresh Rai" in place of "late Leelu Rai @ Ram Nath Rai" and, as such, the same occurred in the cause title of Cr. Misc. No. 10121 of 2021 also.

Considering the statement made in paragraph 3 of the present application and the submission made in support thereof, let the father's name of petitioner in the petition of Cr. Misc. No. 10121 of 2021 be corrected to read as "late Leelu Rai @ Ram Nath Rai" in place of "Leelu Rai @ Ram Naresh Rai". Office is directed to correct the father's name of petitioner in cause title of Cr. Misc. No. 10121 of 2021 accordingly.

Learned counsel for the petitioner is also directed to correct the father's name of in the petition and Vakalatnama of Cr. Misc. No. 10121 of 2021 within four weeks after restoration of normalcy.

Learned counsel for the petitioner further submits that due 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 further time

Patna High Court CR. MISC. No.42741 of 2021(2) dt.18-08-2021 3/3 may be extended so that the petitioner could surrender in the Court below.

Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the Court below is extended for a further period of 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 13.04.2021 passed in Cr. Misc. No. 10121 of 2021 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T