Patna High CourtCR. MISC./53169/2021allowed

Bambam Kumar @ Parween Kumar v. The State Of Bihar

2021-09-22Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53169 of 2021 In CRIMINAL MISCELLANEOUS No.2957 of 2021 Arising Out of PS. Case No.-240 Year-2020 Thana- SAHPUR District- Patna ====================================================== 1.

BAMBAM KUMAR @ PARWEEN KUMAR S/o Rajesh Rao @ Rajesh Saw R/o Village- Sikandarpur, Chandmari, P.S.- Sahpur, District- Patna. 2.

Fantush Kumar @ Pankaj S/o Rajesh Sao @ Rajesh Saw R/o VillageSikandarpur, Chandmari, P.S.- Sahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar Jha, Advocate For the Opposite Party/s :

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

Counsel for the petitioners 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. 2957 of 2021, by which the petitioners were granted anticipatory bail in connection with Shahpur P.S. case No.240 of 2020 pending in the court of A.C.J.M.I, Danapur and the petitioners were directed to surrender in the court below within a period of twelve weeks.

Patna High Court CR. MISC. No.53169 of 2021(2) dt.22-09-2021 2/3 Learned counsel for the petitioners submits that inadvertently due to typographical error, in the prayer portion of the anticipatory bail application i.e. Cr.Misc.No.2957 of 2021, Shahpur P.S. case No.220 of 2020 had been mentioned and, as such, the same mistake occurred in the seventh paragraph (satisfaction portion) of the order dated 08.07.2021 passed in Cr.Misc.No.2957 of 2021.

Let in the seventh paragraph (satisfaction portion) of the order dated 08.07.2021 passed in Cr.Misc.No.2957 of 2021, P.S. case number be read as "Shahpur P.S. case No.240 of 2020" in place of "Shahpur P.S. case No.220 of 2020." It is prayed on behalf of the counsel for the petitioners 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 petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners 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.53169 of 2021(2) dt.22-09-2021 3/3 2957 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T