Shashi Dev Kumar @ Shashi Kumar @ Pachkhuria v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37245 of 2020 Arising Out of PS. Case No.-213 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Shashi Dev Kumar @ Shashi Kumar @ Pachkhuria, aged about 22 years, male, Son of Ram Udeshay Mahto, Resident of Village - Birsaiya, P.S. - Vibhutipur @ Bidhutipur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-03-2021 This case has come at the instance of the petitioner under the heading "To Be Mentioned".
An order was passed in this case on 05.03.2021, granting anticipatory bail to the petitioner. However, there has been a mistake in typing out the order and the order has been passed as if it was a case of regular bail.
The order dated 05.03.2021 is, therefore, modified
Patna High Court CR. MISC. No.37245 of 2020(3) dt.12-03-2021 2/3 to the extent that in the second paragraph, the word 'anticipatory' would be inserted before the word 'bail'. Apart from this, the statement in paragraph 6 that the "the petitioner is in custody since 07.04.2019 and he claims to be a person of clean antecedents" would stand deleted and the said paragraph will be read as "the petitioner was earlier made accused in one case under the Excise Act in which, he has been acquitted".
The penultimate paragraph of the order also stands modified to the extent that the order shall be passed, "in the event of the arrest or surrender of the petitioner, viz., Shashi Dev Kumar @ Shashi Kumar @ Pachkhuria before the learned Court below within a period of eight weeks, to be counted from today, he shall be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District and Sessions Judge-Cum-Special Judge (Excise Act), Samastipur in connection with Vibhutipur/Bibhutipur P.S. Case No. 213 of 2020, subject to the conditions laid down under Section
Patna High Court CR. MISC. No.37245 of 2020(3) dt.12-03-2021 3/3 438(2) of the Cr.P.C".
With aforesaid modification, the order dated 05.03.2021 stands modified.
(Ashutosh Kumar, J) Praveen-II/- U T