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Patna High CourtCR. MISC./74479/2024allowed

Ajmal Hussain @ Md. Ajmal Hussain v. The State Of Bihar

2024-10-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74479 of 2024 In CRIMINAL MISCELLANEOUS No.5652 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Ajmal Hussain @ Md. Ajmal Hussain Son of Kurban Ali Resident of VillageKopin, P.S. -Sitamarhi, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pramod Kumar Verma, Advocate For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsels for the parties.

2. This petition has been filed for modification of order dated 12.08.2024 passed in Cr. Misc. No. 5652 of 2024 by this Court and for extension of period of surrender.

3. It is submitted by learned counsel appearing on behalf of the petitioner that due to typographical mistake in the main petition, it has wrongly been typed in Paragraph No. 8 of the order as "to the satisfaction of J.M. 1st Class, Aurangabad," whereas it should have been "to the satisfaction of J.M. 1st Class, Nawada,".

4. In view of reasons assigned in the petition and submissions of learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.74479 of 2024(2) dt.25-10-2024 2/2 petitioner, let Paragraph No. 8 in order dated 12.08.2024 passed in Cr. Misc. No. 5652 of 2024 be read as follows:- "8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nawada, in connection with Complaint Case No. 243 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure."

5. Accordingly, further six weeks' time from today is granted to the petitioner to surrender and furnish bail-bond before the concerned Court where the case is pending, subject to deposit of Rs. 5,000/- (Rupees Five Thousand) to the concerned District Legal Services Authority and to furnish its receipt with the bail-bond.

6. Order dated 12.08.2024 passed in Cr. Misc. No. 5652 of 2024 is modified to the above extent and this petition is allowed.

(Prabhat Kumar Singh, J) shashank/- U T