Patna High CourtCR. MISC./65106/2024allowed

Pappu Thakur v. The State Of Bihar

2024-09-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65106 of 2024 In CRIMINAL MISCELLANEOUS No.7223 of 2024 Arising Out of PS. Case No.-696 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Pappu Thakur S/o- Chandra Shekhar Thakur @ Bagar Thakur VillageBijulpur, PS- Turkauliya, District- East Champaran 2.

Raj Kishor Thakur Son of Chandra Shekhar Thakur @ Bagar Thakur Village- Bijulpur, PS- Turkauliya, District- East Champaran 3.

Vinod Thakur Son of Chandra Shekhar Thakur @ Bagar Thakur VillageBijulpur, PS- Turkauliya, District- East Champaran 4.

Suresh Paswan son of Wakil Paswan Village- Bijulpur, PS- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2024

1. Learned counsel for the petitioners submits that the anticipatory bail application of the petitioners was disposed by this Court vide order dated 22.02.2024 passed in Cr. Misc. No. 7223 of 2024 with observation that the petitioners were all along given benefit of Section 41-A Cr.P.C. and they co-operated during the course of investigation, as such, after cognizance, if the petitioners appear before the trial court, the trial court while considering the bail application shall take into account the fact that the petitioners were given the privilege of Section 41-A of

Patna High Court CR. MISC. No.65106 of 2024(2) dt.06-09-2024 2/2 the Cr.P.C.

2. A modification application bearing Cr. Misc. No. 32265 of 2024 was filed by the petitioners, which was disposed by this court on 26.04.2024 by which the order dated 22.02.2024 was modified to the extent that in paragraph no. 4 of the order dated 22.02.2024 passed in Cr. Misc. 7223 of 2024 it may be read that cognizance has been taken against the petitioners on 06.02.2019 under Sections 314, 323, 324, 307, 504 / 34 of the I.P.C.

3. Learned counsel for the petitioners submits that in the modification order dated 26.04.2024, Section 307 I.P.C. has inadvertently been typed in paragraph nos. 3 & 4 instead of Section 308 I.P.C. He submits that in fact cognizance was taken under Section 308 I.P.C. along with other Sections.

4. In view of the aforesaid submission, let paragraph nos. 3 & 4 of the modification order dated 26.04.2024 passed in Cr. Misc. No. 32265 of 2024 be read as:- " ..... cognizance has been taken against the petitioners on 06.02.2019 under Sections 314, 323, 324, 308, 504 / 34 of the I.P.C."

(Anil Kumar Sinha, J) praful/- U T