Patna High CourtCR. MISC./53171/2021allowed

Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

2021-09-22Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53171 of 2021 In CRIMINAL MISCELLANEOUS No.3096 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- GAMAHARIYA District- Madhepura ====================================================== MUKESH KUMAR @ MUKESH YADAV Son of Harinarayan Yadav Resident of Village - Chikni Tola, Jogbani, P.S.- Itahari, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

Counsel for the petitioner 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 08.07.2021 passed in Cr.Misc.No. 3096 of 2021, by which the petitioner was granted anticipatory bail in connection with Gamharia P.S. case No.68 of 2020, pending in the court of Smt. Shurbhi Srivastava, learned Judicial Magistrate, 1st class, Madhepura and the petitioner was directed to surrender in the court below within a period of twelve weeks.

Patna High Court CR. MISC. No.53171 of 2021(2) dt.22-09-2021 2/3 Learned counsel for the petitioner submits that inadvertently due to typographical error, in anticipatory bail application i.e. Cr.Misc.No.3096 of 2021, the father's name of the petitioner Mukesh Kumar @ Mukesh Yadav had been mentioned as "Umesh Yadav" and, as such, the same mistake occurred in the cause title also in the order dated 08.07.2021 passed in Cr.Misc.No.3096 of 2021.

Let in the cause title of the order dated 08.07.2021 passed in Cr.Misc.No.3096 of 2021, the father's name of the petitioner Mukesh Kumar @ Mukesh Yadav be read as "Harinarayan Yadav" in place of "Umesh Yadav". It is 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 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 08.07.2021 passed in Cr.Misc.No.

Patna High Court CR. MISC. No.53171 of 2021(2) dt.22-09-2021 3/3 3096 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T