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Patna High CourtCR. MISC./7821/2021allowed

Sarvesh Chaurasiya v. The State Of Bihar

2021-02-03Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7821 of 2021 In CRIMINAL MISCELLANEOUS No.26545 of 2020 Arising Out of PS. Case No.-67 Year-2020 Thana- GOGRI District- Khagaria ====================================================== SARVESH CHAURASIYA Son of Late Uday Chaurasiya Resident of Village- Gopalpur, P.S.- Gogari, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mrs. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for modification of the order dated 04-11-2020 passed in Cr. Misc. No. 26545 of 2020 by which the petitioner was granted anticipatory bail in connection with Gogari P.S. Case No. 67 of 2020 pending in the court of learned Special Judge, Excise, Khagaria and the petitioner was directed to surrender and furnish bail bonds in the court below within a period of twelve weeks.

It is submitted on behalf of the petitioner that in the cause,

Patna High Court CR. MISC. No.7821 of 2021(2) dt.03-02-2021 2/3 title of main application of Cr. Misc. No. 26545 of 2020, the father's name of the petitioner has wrongly been mentioned as "Late Bhanu Prasad Chaurasiya" in place of "Late Uday Chaurasiya" and due to that, same mistake occurred in the cause, title of the order dated 04-11-2020 passed in Cr. Misc. No. 26545 of 2020 as a result of which, the petitioner could not surrender and furnish bail bonds in the court below well within time. It has further been prayed on behalf of the petitioner to rectify the cause, title of the order dated 04-11-2020 passed in Cr. Misc. No. 26545 of 2020 and further time may be extended so that the petitioner could surrender and furnish bail bonds 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 cause, title of the order dated 0411-2020 passed in Cr. Misc. No. 26545 of 2020 is rectified to the extent that the father's name of the petitioner mentioned as "Late Bhanu Prasad Chaurasiya" be read as "Late Uday Chaurasiya" and period of surrender of the petitioner in the court below is extended for a further period of six 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

Patna High Court CR. MISC. No.7821 of 2021(2) dt.03-02-2021 3/3 dated 04-11-2020 passed in Cr. Misc. No. 26545 of 2020. The order dated 04-11-2020 passed in Cr. Misc. No. 26545 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, disposed of.

(Sudhir Singh, J) A.K.V.//- U T