Patna High CourtCR. MISC./1530/2022allowed

Niranjan Kumar @ Niranjan Singh v. The State Of Bihar

2022-01-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1530 of 2022 In CRIMINAL MISCELLANEOUS No.4456 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== NIRANJAN KUMAR @ NIRANJAN SINGH Son of Raj Paltan Singh R/o Village- Bangaon, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2022 The present petition has been filed seeking modification of the order dated 22.11.2021 passed in Cr. Misc. No. 4456 of 2021 to the extent that the learned court below, where the case in question is pending, has been inadvertently mentioned as "the learned court of Chief Judicial Magistrate, Sitamarhi" instead of learned court of 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi, on account of mistake having been made in the original petition itself i.e. one bearing Cr. Misc. No. 4456 of 2021. It is thus prayed that since on account of inadvertence the aforesaid error has taken place, this Court may be pleased to condone and rectify the same. Having regard to the facts and circumstances of the case and considering the averments made in the present petition,

Patna High Court CR. MISC. No.1530 of 2022(2) dt.12-01-2022 2/2 this Court deems it fit and proper to rectify the depiction of the learned court below made in the order dated 22.11.2021 and it is directed that the same be read as "the learned court of 2nd Additional Sessions Judge- cum- Special Judge, Excise Act, Sitamarhi". It is further directed that the time granted to the petitioner to surrender before the learned court below and seek the privilege of anticipatory bail, shall stand extended by a period of four weeks from today. Rest of the order dated 22.11.2021 shall remain the same.

Accordingly, the present petition stand disposed of with the aforesaid modification in the order dated 22.11.2021 passed in Cr. Misc. No. 4456 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T