Patna High CourtCR. MISC./64623/2023allowed

Sunil Mahto v. The State Of Bihar

2023-09-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64623 of 2023 In CRIMINAL MISCELLANEOUS No.49408 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- KORMA District- Sheikhpura ====================================================== SUNIL MAHTO S/O RAMOTAR MAHTO VILLAGE- BELAUNI, PS. KORMA, DIST. SHEIKHPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Ramakant Akela For the Opposite Party/s :

Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail by order dated 04.08.2023 in Cr. Misc. No. 49408 of 2023 with a direction to surrender within a period of six weeks.

3. Learned counsel submits that the petitioner could not surrender for the reason that in Cr. Misc. No. 49408 of 2023, inadvertently, in the father name of the petitioner, by mistake, the word Late was not prefixed. It is next submitted that the petitioner filed the present modification application within four weeks of the order dated 04.08.2023 i.e., on 04.09.2023.

4. Considering the submissions made by the learned

Patna High Court CR. MISC. No.64623 of 2023(2) dt.22-09-2023 2/2 counsel for the petitioner, the order dated 04.08.2023 in Cr. Misc. No. 49408 of 2023 is modified to the extent that the description of the petitioner shall be read as follows: "Sunil Mahto, S/o Late Ramotar Mahto, resident of village Belauni, P.S. Korma, District-Sheikhpura" instead of "Sunil Mahto, S/o Ramotar Mahto, resident of village Belauni, P.S. Korma, District-Sheikhpura".

5. The order dated 04.08.2023 is modified to the extent indicated above.

6. In the event, if the petitioner surrenders on or before 10.10.2023, his bail bonds shall be accepted on the same terms and conditions.

(Satyavrat Verma, J) HarshPandey/- U T