Patna High CourtCR. MISC./67851/2019allowed

Sanoj Sahani v. The State Of Bihar

2020-01-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67851 of 2019 In CRIMINAL MISCELLANEOUS No.49315 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== 1.

SANOJ SAHANI Son of Binda Sahani Resident of Village - Balochak Tola Koniyaha, P.S.- Chakia, District- East Champaran 2.

Sohan Sahani Son of Phulchand Sahani Resident of Village - Balochak Tola Koniyaha, P.S.- Chakia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-01-2020 The petitioner was allowed anticipatory bail by an order dated 07.08.2019, passed in Cr. Misc. No. 49315 of 2019, which arose out of Chakia P.S. Case No. 256 of 2018. The bail was granted to the satisfaction of learned 1st Additional Sessions Judge, East Champaran, as was mentioned in the prayer portion of the application.

This application has been filed seeking modification with a plea that it was sheer mistake on the part of the petitioner by mentioning the court of learned 1st Additional Sessions Judge, East Champaran to whose satisfaction the bail was to be granted.

Patna High Court CR. MISC. No.67851 of 2019(2) dt.29-01-2020 2/2 It has been stated that since Chakia P.S. Case No. 256 of 2018 is pending before ACJM-13, East Champaran, his satisfaction should have been mentioned in the application and because of mistake in the application, satisfaction of learned 1st Additional Sessions Judge has been mentioned in the order dated 07.08.2019. In the above background, modification of the order is being sought.

Considering the facts stated in this application, the words, numbers and letters "to the satisfaction of learned 1st Additional Sessions Judge, East Champaran, Motihari in Chakia P.S. Case No. 256 of 2018, S.Tr. No. 127 of 2018" in the order dated 07.08.2019, passed in Cr. Misc. No. 49315 of 2019 stands substituted by the following :- "to the satisfaction of learned A.C.J.M.- 13, East Champaran, Motihari in Chakia P.S. Case No. 256 of 2018"

The said order is modified accordingly.

This application is allowed. The time allowed to the petitioner to appear before the court below to furnish bail bonds in the light of order dated 07.08.2019, is hereby extended by four weeks from today.

(Chakradhari Sharan Singh, J) Rajesh/- U T