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Patna High CourtCR. MISC./56254/2021allowed

Dindayal Chaurasiya v. The State Of Bihar

2021-10-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56254 of 2021 In CRIMINAL MISCELLANEOUS No.40697 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== DINDAYAL CHAURASIYA S/O JHAPSI CHAURASIYA @ JHAPSI PRASAD R/o village- Ward No. 3, Kateya, P.S.- Kateya, Distt.- Gopalganj, In the F.I.R. it has been shown as Village and P.O. Janki Nagar, P.S.- Bandhauch Ghat, Distt.- Deowaria, (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2021 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 eight weeks. The present application has been filed for modification of the order dated 28-07-2021 passed in Cr. Misc. No. 40697 of 2021 by which the petitioner was granted further eight weeks time to surrender in the court below but due to inadvertent mistake, in the cause title of the petition (Cr. Misc. No. 40697 of 2021), the permanent address of the petitioner was left to be typed and due to that, same mistake occurred in the order dated 28-07-2021. For the said reason, the bail bond of the petitioner could not be accepted by the court below. Hence, a prayer has been made to insert the permanent address of the petitioner in the cause title of the order

Patna High Court CR. MISC. No.56254 of 2021(2) dt.06-10-2021 2/2 dated 28-07-2021 passed in Cr. Misc. No. 40697 of 2021. Further, a prayer has been made for extension of time 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 28-07-2021 passed in Cr. Misc. No. 40697 of 2021 is modified to the extent that in the cause title of the order, the name and address of the petitioner be read as " Dindayal Chaurasiya, S/o Jhapasi Chaurasiya @ Jhapsi Prasad, R/o village-Ward No. 3, Kateya, P.S. Kateya, District-Gopalganj (in the FIR shown as Village+P.O.- Janki Nagar, P.S. Bandhauch Ghat, District- Deowariya (U.P.)" and 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 shall remain the same as mentioned in the order dated 06-04-2021 passed in Cr. Misc. No. 8706 of 2021. The order dated 28-07-2021 passed in Cr. Misc. No. 40697 of 2021 is modified to the extent as indicated above. The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T