Patna High CourtCR. MISC./39153/2022allowed

Md Saddam @ Arshad Alam v. The State Of Bihar

2022-08-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39153 of 2022 In CRIMINAL MISCELLANEOUS No.18335 of 2022 Arising Out of PS. Case No.-369 Year-2021 Thana- HILSA District- Nalanda ====================================================== MD SADDAM @ ARSHAD ALAM Son of Jalauddin Resident of Village - Sarbadha, P.s.- Sarbadha, Distt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The present application has been filed for modification of the order dated 13-05-2022 passed in Cr. Misc. No. 18335 of 2022 by which the petitioner was granted anticipatory bail in connection with Hilsa P.S. Case No. 369 of 2021 pending in the court of learned Additional Chief Judicial Magistrate-Ist, Hilsa, Nalanda.

It is submitted on behalf of the petitioner that in the cause title of the main petition of Cr. Misc. No. 18335 of 2022, the name of district has wrongly been mentioned as "Nalanda" in place of "Gaya" and due to that, same mistake occurred in the

Patna High Court CR. MISC. No.39153 of 2022(2) dt.03-08-2022 2/2 order dated 13-05-2022 passed in Cr. Misc. No. 18335 of 2022 and that is why, the petitioner could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioner that further time 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 order dated 13-05-2022 passed in Cr. Misc. No. 18335 of 2022 is modified to the extent that "Nalanda" mentioned in the cause title of the order, be read as "Gaya" and the period of surrender of the petitioner 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 shall remain the same as mentioned in the order dated 13-05-2022 passed in Cr. Misc. No. 18335 of 2022. The order dated 13-05-2022 passed in Cr. Misc. No. 18335 of 2022 is modified to the extent as indicated above. The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.