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Patna High CourtCR. MISC./75370/2023allowed

Lalit Mallik @ Lalit Kumar Mallick v. The State Of Bihar

2023-11-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75370 of 2023 In CRIMINAL MISCELLANEOUS No.51515 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== 1.

Lalit Mallik @ Lalit Kumar Mallick S/O Kunj Bihari Mallik VillageBhawanipur, Ps. Singhwara, Dist. Darbhanga 2.

Satyam Mallik S/O Lilit Mallik Village- Bhawanipur, Ps. Singhwara, Dist. Darbhanga 3.

Prashant Jha S/O Rajesh Jha R/O Village/Mohalla- Laxmisagar, Ps. Sadar, Dist. Darbhanga (WRONGLY Mention Of Main Bail Petition Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. This petition has been filed for modification of order dated 19.08.2023 passed in Cr.Misc. No. 51515 of 2023 by this Court to the extent of correction in the address of petitioner no. 3 in the cause title and further for extension of period of surrender in respect of petitioner no. 3.

3. It is submitted on behalf of petitioners that vide order dated 19.08.2023 passed in Cr.Misc. No. 51515 of 2023, all the three petitioners were granted anticipatory bail, but due to inadvertence, in the address of petitioner no. 3 in the cause

Patna High Court CR. MISC. No.75370 of 2023(2) dt.10-11-2023 2/2 title, instead of "District - Darbhanga", it was wrongly mentioned as "District - Samastipur", petitioner no. 3 could not surrender and furnish bail-bond before the Court below. It is fairly accepted by learned counsel for the petitioners that aforesaid error has occurred in the main bail petition, which was filed on behalf of petitioners.

4. Considering the aforesaid facts and circumstances, let in order dated 19.08.2023 passed in Cr.Misc. No. 51515 of 2023, in the address of petitioner no. 3 in the cause title, in place of "District - Samastipur", it may be read as "District - Darbhanga". Accordingly, further four weeks time from today is granted to the petitioner no. 3 (Prashant Jha) to surrender and furnish bail-bond before the concerned Court below, 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.

5. Accordingly, order dated 19.08.2023 passed in Cr.Misc. No. 51515 of 2023 is modified to the aforesaid extent and this petition is allowed.

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