Prem Sagar Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62314 of 2017 ====================================================== Prem Sagar Keshari son of Vidya Sagar Keshari Resident of village - Koath, Police Station - Dawath, District - Rohtas at Sasaram. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-10-2018 This application under Section 482 of the Code of Criminal Procedure (for short „Cr.P.C‟) has been filed for modification of the order dated 10.11.2017 passed in Cr. Misc. No. 50480 of 2017 by which the petitioner has been directed to be released on bail to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in Dawath P.S. Case No. 07 of 2012.

The contention of the leaned counsel for the petitioner is that inadvertently in the prayer portion it was stated that the case is pending before the court of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas as a result of which while granting bail, this Court had directed his release to the satisfaction of the SubDivisional Judicial Magistrate, Bikramganj, Rohtas. As a matter of fact, the petitioner was summoned in exercise of powers conferred

Patna High Court Cr.Misc. No.62314 of 2017 (2) dt.04-10-2018 2/2 under Section 319 of the Cr.P.C by the learned Additional Session Judge-VIII, Rohtas at Sasaram in Sessions Trial No. 297 of 2013 after the case was committed from the court of Sub-Divisional Judicial Magistrate to the court of Sessions. In view of the submissions made above and the pleadings made in para 4 of the application, the prayer is allowed. In the order dated 10.11.2017 passed in Cr. Misc. No. 50480 of 2017 in para 3 at page 2 in the 3rd and 4th line, "Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in Dawath P.S. Case No. 07 of 2012" be read as "Additional Session Judge-VIII, Rohtas at Sasaram in Sessions Trial No. 297 of 2013". The duration of time for surrender is also extended by three weeks from today. (Ashwani Kumar Singh, J) Pradeep/Sneha U T