Prithviraj Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46518 of 2021 In CRIMINAL MISCELLANEOUS No.34045 of 2020 Arising Out of PS. Case No.-903 Year-2014 Thana- NAGAR District- Vaishali ====================================================== PRITHVIRAJ SRIVASTAVA Son of Late Jay Narayan Lal Resident of Vijay Nagar, Hanuman Nagar, Kankarbadh, P.S.- Patrakar Nagar, District - Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP 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 22.06.2021 passed in Cr. Misc. No. 34045 of 2020 by which the petitioner was granted anticipatory bail in connection with Hajipur Town P.S. Case No.
Patna High Court CR. MISC. No.46518 of 2021(2) dt.17-01-2022 2/3 903/2014 by a Coordinate Bench of this Court. Learned counsel for the petitioner submitted that inadvertently due to typographical error, in the petition of Cr. Misc. No. 34045 of 2020, in the prayer portion of the petition, the words "Learned Additional Sessions Judge XI, Vaishali at Hajipur" have been typed in place of words "Learned C.J.M., Vaishali at Hajipur" and as such, the same occurred in the order dated 22.06.2021 passed in Cr. Misc. No. 34045 of 2020. From perusal of the record, it appears that the learned counsel for the petitioner is correct in his submission. Let the words "Learned Additional Sessions Judge XI, Vaishali at Hajipur" occurring in the last paragraph of the order dated 22.06.2021 be corrected to be read as "Learned C.J.M., Vaishali at Hajipur". It is clarified that the petitioner was granted anticipatory bail to the satisfaction of Learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 903/2014.
Learned counsel for the petitioner submits that due to the aforesaid reason, 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 may be extended so that the petitioner could surrender in the Court
Patna High Court CR. MISC. No.46518 of 2021(2) dt.17-01-2022 3/3 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 22.06.2021 passed in Cr. Misc. No. 34045 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T