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Patna High CourtCR. MISC./54962/2016allowed

Chandan Kumar v. The State Of Bihar

2017-01-11Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.54962 of 2016 (2) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54962 of 2016 ====================================================== Chandan Kumar son of Shatrudhan Paswan, resident of village Pakahi, P.S. Makhdumpur, District Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 2.12.2016 passed in Cr.Misc.No,50847 of 2016, by which the petitioner was granted anticipatory bail in connection with Dumra P.S. case No.321 of 2015 pending in the court of Sri Sanjay Priya, J.M., 1st class, Sitamarhi.

It is prayed on behalf of the learned counsel for the petitioner that the satisfaction of the court was wrongly mentioned in the order and it may be corrected and further two weeks time may be extended for surrender.

Due to typographical error in the petition, in the order dated 2.12.2016 the satisfaction of the court was mentioned as "Sri Sanjay Priya, J.M., 1st class, Sitamarhi", whereas it should

Patna High Court Cr.Misc. No.54962 of 2016 (2) dt.11-01-2017 have been "Chief Judicial Magistrate, Sitamarhi". 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 two weeks from the date of receipt/production of a copy of this order and satisfaction of Sri Sanjay Priya, J.M. 1st class, Sitamarhi be read as Chief Judicial Magistrate, Sitamarhi. The rest of the conditions stipulated in the order will be same. The order dated 2.12.2016 passed in Cr.Misc.No. 50847 of 2016 is modified to the extent as indicated above. The modification application is, accordingly, disposed of.

Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) Narendra/- U T