Patna High CourtCR. MISC./75467/2018disposed

Mohan Pandit v. State Of Bihar And ANR

2018-12-20Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75467 of 2018 In Criminal Miscellaneous No.70478 of 2018 Arising Out of PS. Case No.- Year- Thana- District- West Champaran ====================================================== Mohan Pandit, Son of Sukai Pandit, Resident of Village-Bisunpurwa, Police Station -Subhadra, Distt.-West Champaran.

... ... Petitioner

Versus

1. The State of Bihar.

2. Antima Devi, Wife of Mohan Pandit, D/o of Sanejar Pandit, Resident of Village-Bishunpurwa, Police Station Subhadra, Distt.-West Champaran. Presently residing at village-Tonwa, Police Station Bhairoganj, Distt. West Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar No.-7, Advocate.

For the State :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 28.11.2018 passed in Cr. Misc. No. 70478 of 2018, by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 539C/2017, pending in the court of learned A.C.J.M.-II, Bettiah, West Champaran and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond.

Learned counsel for the petitioner submits that due to

Patna High Court Cr.Misc. No.75467 of 2018(2) dt.20-12-2018 2/3 some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioner that satisfaction portion may be corrected in the order dated 28.11.2018 passed in Cr. Misc. No. 70478 of 2018 as 'A.C.J.M.-2nd, Bagaha, West Champaran' in place of 'A.C.J.M.-II, Bettiah, West Champaran' and in the address of opposite party no. 2, Police Station be read as 'Bhairoganj' in place of 'Subhadra'. It is further submitted that further time may be extended so that the petitioner could surrender in the court below and furnish bail bond.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the satisfaction portion in the order dated 28.11.2018 passed in Cr. Misc. No. 70478 of 2018 be read as 'A.C.J.M-2nd, Bagaha, West Champaran' in place of 'A.C.J.M.-2nd, Bettiah, West Champaran' and in the address of opposite party no. 2, police station be read as 'Bhairoganj' in place of 'Subhadra' and the period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same. The order dated 28.11.2018 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.75467 of 2018(2) dt.20-12-2018 3/3 70478 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) U.K./- U T