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Patna High CourtCR. MISC./29513/2024allowed

Rambabu Ray @ Ram Babu Roy v. The State Of Bihar

2024-07-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29513 of 2024 In CRIMINAL MISCELLANEOUS No.29128 of 2022 Arising Out of PS. Case No.-221 Year-2020 Thana- KHANPURA District- Samastipur ====================================================== Rambabu Ray @ Ram Babu Roy S/O Jinis Lal Ray R/O Vill - Krishnwara, Hasansarai, P.S. - Patepur, Distt. - Vaishali At Present R/O Mohalla - Airport More, Gowala Basty Dumriguri, Uttar Bagdogra, Distt. - Darjeeling, State, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed on behalf of the petitioner for modification of the order dated 24.01.2023, passed in Cr. Misc. No. 29128 of 2022 as well as the order dated 28.06.2023, passed in Cr. Misc. No. 38691 of 2023, by a Bench of this Court.

3. Earlier the petitioner was granted anticipatory bail vide order dated 24.01.2023, passed in Cr. Misc. No. 29128 of 2022, but due to some unavoidable reasons, he could not surrender and furnish bail bonds before the learned court below within the stipulated period. Thereafter, vide order dated 28.06.2023, passed in Cr. Misc. No. 38691 of 2023, the petitioner was further granted four weeks' time to surrender

Patna High Court CR. MISC. No.29513 of 2024(2) dt.12-07-2024 2/2 before the learned court below and furnishing bail bonds but when the petitioner went to surrender before the learned court below to surrender and furnish bail bonds, it has come to know that in para. 7 of the order dated 24.01.2023, passed in Cr. Misc. No. 29128 of 2022, "Khanpur P.S. Case No. 493 of 2021" has been mentioned in place of "Khanpur P.S. Case No. 221 of 2020" as in the prayer portion of bail application i.e., Cr. Misc. No. 29128/2022 it has also been wrongly typed as "Khanpur P.S. Case No. 493/2021" in place of "Khanpur P.S. Case No. 221 of 2020".

4. In view of the matter, let the time be further extended by four weeks for furnishing the bail bonds / surrendering before the court concerned after the receipt of this order to the concerning court and let the P.S. Case No. be read as "Khanpur P.S. Case No. 221 of 2020" in place of "Khanpur P.S. Case No. 493/2021".

5. Accordingly, the modification application is allowed and the order dated 24.01.2023, passed in Cr. Misc. No. 29128 of 2022 as well as the order dated 28.06.2023, passed in Cr. Misc. No. 38691 of 2023 is modified to the above extent. (Chandra Prakash Singh, J) atul/- U T