Rajeev Roy @ Rajeev Ranjan @ Rajiv Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67392 of 2021 In CRIMINAL MISCELLANEOUS No.38433 of 2021 Arising Out of PS. Case No.-50 Year-2021 Thana- PURNAHYA District- Sheohar ====================================================== RAJEEV ROY @ RAJEEV RANJAN @ RAJIV RAY Son of Virendra Ray Resident of Village - Ashopur Piprahi, Police Station - Piprahi, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.
The present application has been filed for modification of the order dated 21.10.2021 passed in Cr. Misc. No. 38433 of 2021 by which the petitioner was granted anticipatory bail to the satisfaction of learned Additional Sessions Judge -II-cum- Special Judge, Excise Act, Sheohar and the petitioner was directed to surrender in the Court below within a period of twelve weeks.
Patna High Court CR. MISC. No.67392 of 2021(2) dt.08-12-2021 2/3 Learned counsel for the petitioner submits that inadvertently due to typographical error, wrong P.S. Case number had been mentioned in the main petition of Cr. Misc. No. 38433 of 2021 as "Piprahi P.S. Case No. 50 of 2021" as in place of "Purnahiya P.S. Case No. 50 of 2021" and as such the same mistake occurred in the last paragraph of order dated 21.10.2021 passed in Cr. Misc. No. 38433 of 2020. Due to the said reason, the petitioner could not surrender in the Court below.
From perusal of the record and the submissions made on behalf of the petitioner, it appears that the learned counsel for the petitioner is correct in his submission.
Let the words "Piprahi P.S. Case No. 50 of 2021" in the last paragraph of order dated 21.10.2021 be corrected to read as "Purnahiya P.S. Case No. 50 of 2021". 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 stipulated in the order dated 21.10.2021 will be same. It is clarified that the vide order dated 21.10.2021 passed in Cr. Misc. No. 38433 of 2021, the petitioner was granted anticipatory bail in connection with Purnahiya P.S. Case No. 50 of 2021 to the satisfaction of
Patna High Court CR. MISC. No.67392 of 2021(2) dt.08-12-2021 3/3 learned Additional Sessions Judge -II-cum- Special Judge, Excise Act, Sheohar.
The order dated 21.10.2021 passed in Cr. Misc. No. 38433 of 2021 modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T