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Patna High CourtCR. MISC./59533/2021allowed

Tanmay Singh v. The State Of Bihar

2021-11-15Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59533 of 2021 In CRIMINAL MISCELLANEOUS No.3034 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- MADHAURAH District- Saran ====================================================== TANMAY SINGH S/o Ramvinay Singh R/o village- Bahuwara Patti, P.S.- Madhaurah, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The present application has been filed for modification of the order dated 23-08-2021 passed in Cr. Misc. No. 3034 of 2021 by which the petitioner was granted anticipatory bail in connection with Madhaurah P.S. Case No. 148 of 2020 pending in the court of learned Chief Judicial Magistrate, Arwal. It is submitted on behalf of the petitioner that due to inadvertent mistake, in the prayer portion of bail application (Cr. Misc. No. 3034 of 2021), "learned Chief Judicial Magistrate, Arwal" has wrongly been mentioned in place of "learned Chief

Patna High Court CR. MISC. No.59533 of 2021(2) dt.15-11-2021 2/3 Judicial Magistrate, Saran at Chapra" and due to that, same mistake occurred in the order dated 23-08-2021 passed in Cr. Misc. No. 3034 of 2021 and that is why, the petitioner could not surrender in the court below within the stipulated time. Hence, counsel for the petitioner makes a prayer to modify the order dated 23-08-2021 passed in Cr. Misc. No. 3034 of 2021 and for extension of time 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 order dated 23-08-2021 passed in Cr. Misc. No. 3034 of 2021 is modified to the extent that in the last paragraph of the order, " learned Chief Judicial Magistrate, Arwal" mentioned in the order be read as "learned Chief Judicial Magistrate, Saran at Chapra" and 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 shall remain the same as mentioned in the order dated 23-08-2021 passed in Cr. Misc. No. 3034 of 2021.

The order dated 23-08-2021 passed in Cr. Misc. No. 3034 of 2021 is modified to the extent as indicated above.

Patna High Court CR. MISC. No.59533 of 2021(2) dt.15-11-2021 3/3 The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T