Mantu Rai @ Manu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47768 of 2021 In CRIMINAL MISCELLANEOUS No.34349 of 2020 Arising Out of PS. Case No.-280 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== 1.

MANTU RAI @ MANU KUMAR Son of Satlal Rai Resident of Village - Manchitwa Gopalpur, P.S. - Dariyapur, District - Saran. 2.

ASHOK RAI @ ASHOK KUMAR Son of Devendra Rai Resident of Village - Manchitwa Gopalpur, P.S. - Dariyapur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The present application has been filed for modification of the order dated 17.03.2021 passed in Cr.Misc.No. 34349 of 2020, by which the petitioners were granted anticipatory bail and they were directed to surrender in the court below within a period of six weeks. Counsel for the petitioners submits that in the last para of the order dated 17.03.2021 passed in Cr.Misc.No.34349

Patna High Court CR. MISC. No.47768 of 2021(2) dt.25-08-2021 2/3 of 2020, inadvertently due to typographical error, "2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj" had been mentioned in place of "2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran". Considering the submissions made on behalf of the counsel for the petitioners, let "2nd Additional Sessions Judgecum-Special Judge, Excise, Saran" be inserted in place of "2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj" in the last para of the order dated 17.03.2021 passed in Cr.Misc.No.34349 of 2020.

It is submitted on behalf of the counsel for the petitioners that further time may also 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 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 17.03.2021, passed in Cr.Misc.No.34349 of 2020, is modified to the extent as

Patna High Court CR. MISC. No.47768 of 2021(2) dt.25-08-2021 3/3 indicated above.

The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T