Patna High CourtCR. MISC./5846/2022allowed

Naresh Rai v. The State Of Bihar

2022-02-23Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5846 of 2022 In CRIMINAL MISCELLANEOUS No.34304 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== NARESH RAI, aged about 50 years (Male), Son Of Late Sakaldeep Rai, Resident of Village -Sukumarpur, P.s.- Rustampur (O.P.), Distt.- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The present application has been filed for modification of the order dated 22.03.2021, passed in Cr. Misc. No. 34304 of 2020, by which the petitioner was granted anticipatory bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 69/2020, pending in the court of learned Additional District & Sessions Judge-II-cum-Excise Court,

Patna High Court CR. MISC. No.5846 of 2022(2) dt.23-02-2022 2/3 Vaishali at Hajipur 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 some unavoidable reasons the petitioner could not surrender in the court below well within time. It is further submitted that further time may be extended so that the petitioner could surrender in the court below. Likewise, at page 1 of the order dated 23.02.2022, in the party position of the petitioner, 'Tustampur (O.P.)' has wrongly been typed in place of 'Rustampur (O.P.)'.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, 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 and also at page 1 of the order dated 22.03.2021 on the top, in party position of the petitioner, 'Rustampur (O.P.)' be read in place of 'Tustampur (O.P.)'. The rest of the conditions stipulated in the order will be same.

The order dated 22.03.2021 passed in Cr. Misc. No. 34304 of 2020, is modified to the extent as indicated above.

Patna High Court CR. MISC. No.5846 of 2022(2) dt.23-02-2022 3/3 The present application is allowed.

Let this order be communicated to the learned court below through e-mail.

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