Patna High CourtCR. MISC./40837/2015disposed

Ganga Rai v. State Of Bihar And ANR

2015-09-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.40837 of 2015 (2) dt.23-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40837 of 2015 ======================================================

1. Ganga Rai son of Late Bishun Rai Resident of village Sheetal Bhaurahar, P.O. Mani Bhakurahar, P.S. Sarai, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Abhay Kumar Ambastha son of Late Jugal Kishore Ambastha Resident of village Chotti Marai, Ambedkar Nagar, P.O. Hajipur, P.S. Hajipur Town, District Vaishali.

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

For the Petitioner/s : Mr. Avanindra Kumar Jha For the Opposite Party/s Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.09.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

It is informed that order dated 26.06.2015 passed in Cr. Misc. no. 12974/2015 was communicated to the court of Sri Afzal Alam, Judicial Magistrate, Ist Class, Vaishali at Hajipur through email but in e-mail in place of 26.06.2015, it was inadvertently typed as 06.06.2015. Subsequently the order dated 26.06.2015 was modified vide order dated 09.07.2015.

It is submitted that the aforesaid circumstance created hurdle to the court in releasing the petitioner on bail in the light of order dated 26.06.2015 passed in Cr. Misc. no. 12974/2015. In the facts and circumstances, this modification petition stands disposed of giving direction to the concerned court to release the petitioner, Ganga Rai, on bail in the light of order dated

Patna High Court Cr.Misc. No.40837 of 2015 (2) dt.23-09-2015 26.06.2015 passed in Cr. Misc. no. 12974/2015, if the petitioner surrenders within four weeks from the date of receipt/production of a copy of the present order and furthermore, in order dated 26.06.2015 which was earlier communicated to the court through e-mail, in place of order dated 06.06.2015, it be read as 26.06.2015. Let this order be communicated to the court of Sri Afzal Alam, Judicial Magistrate, Ist Class, Vaishali at Hajipur in Complaint Case no. 2001/2004 through FAX at the cost of the petitioner. shahid (Hemant Kumar Srivastava,J) U T