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Patna High CourtCR. MISC./51281/2021allowed

Bhola Sahani v. The State Of Bihar

2021-09-08Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51281 of 2021 In CRIMINAL MISCELLANEOUS No.18243 of 2021 Arising Out of PS. Case No.-637 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== BHOLA SAHANI S/O SRI BHAGWAN SAHANI R/o village- Jhakhiya, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2021 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 06.04.2021 passed in Cr.Misc.No. 18243 of 2021, by which the petitioner was granted anticipatory bail in connection with Turkoliya (Banjariya) P.S. case No.637 of 2020, pending in the court of Special Judge, Motihari, East Champaran and the petitioner was directed to surrender in the court below within a period of six weeks.

Patna High Court CR. MISC. No.51281 of 2021(2) dt.08-09-2021 2/3 Learned counsel for the petitioner submits that inadvertently due to typographical error, in the order dated 06.04.2021 passed in Cr.Misc.No.18243 of 2021, the father's name of the petitioner has wrongly been mentioned in the address portion as "Ramchandra Sahani" in place of "Bhagwan Sahani".

Let in the address portion of the order dated 06.04.2021 passed in Cr.Misc.No.18243 of 2021, the father's name be read as "Bhagwan Sahani" in place of "Ramchandra Sahani".

It is submitted on behalf of the counsel for the petitioner that due to some unavoidable reasons the petitioner could not surrender in the court below well within 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 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

Patna High Court CR. MISC. No.51281 of 2021(2) dt.08-09-2021 3/3 same.

The order dated 06.04.2021 passed in Cr.Misc.No. 18243 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T