Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55452 of 2021 In CRIMINAL MISCELLANEOUS No.8313 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

VIJAY RAI S/o- Lalit Rai R/o Vill - Akilabad, P.S. - Hajipur Sadar, Dist. - Vaishali.

2.

Jia Lal Rai S/o- Yadu Nath Rai R/o Vill - Akilabad, P.S. - Hajipur Sadar, Dist. - Vaishali.

3.

Harelal Rai @ Hira Lal Rai S/o- Late Brahmdeo Rai R/o Vill - Akilabad, P.S. - Hajipur Sadar, Dist. - Vaishali.

4.

Madan Rai S/O- Jang Bahadur Rai R/o Vill - Akilabad, P.S. - Hajipur Sadar, Dist. - Vaishali.

5.

Pappu Rai S/O- late Baidyanath Rai R/o Vill - Akilabad, P.S. - Hajipur Sadar, Dist. - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner Nos. 1,2, 4 & 5 and the State through virtual mode.

Learned counsel for the petitioner Nos. 1,2, 4 & 5 is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Learned counsel for the petitioners submits that he has not sought any modification with regard to petitioner No. 3 namely, Harelal Rai @ Hira Lal Rai in the order dated 20-072021 passed in Cr. Misc. No. 8313 of 2021 as the application for

Patna High Court CR. MISC. No.55452 of 2021(2) dt.22-09-2021 2/3 petitioner No. 3 namely, Harelal Rai @ Hira Lal Rai has already been dismissed as withdrawn on 20-07-2021. The present application has been filed for modification of the order dated 20-07-2021 passed in Cr. Misc. No. 8313 of 2021 by which the petitioner Nos. 1,2, 4 & 5 were granted anticipatory bail in connection with Excise Case No. 07 of 2020 pending in the court of learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Vaishali at Hajipur. It is submitted on behalf of the petitioner Nos. 1,2, 4 & 5 that due to inadvertent mistake, in the prayer portion of the main application of Cr. Misc. No. 8313 of 2021, "Excise Case No. 07 of 2020" has wrongly been mentioned in place of "Sadar P.S. Case No.

07 of 2020" and due to that, same mistake occurred in the order dated 20-07-2021 passed in Cr. Misc. No. 8313 of 2021 and hence, the petitioner Nos. 1,2, 4 & 5 could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioner Nos. 1,2, 4 & 5 that order dated 20-07-2021 passed in Cr. Misc. No. 8313 of 2021 be modified and further time may also be extended so that the petitioner Nos. 1,2, 4 & 5 could surrender in the court below. Considering the submissions made on behalf of the learned counsel for the petitioner Nos.

Patna High Court CR. MISC. No.55452 of 2021(2) dt.22-09-2021 3/3 mentioned in the modification application, the order dated 2007-2021 passed in Cr. Misc. No. 8313 of 2021 is modified to the extent that "Excise Case No. 07 of 2020" mentioned in the second last paragraph of the order dated 20-07-2021 passed in Cr. Misc. No. 8313 of 2021 be read as "Sadar P.S. Case No. 07 of 2020" and further, the period of surrender of the petitioner Nos. 1,2, 4 & 5 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 20-07-2021 passed in Cr. Misc. No. 8313 of 2021.

The order dated 20-07-2021 passed in Cr. Misc. No. 8313 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