Birju Chaudhary @ Viraju Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17006 of 2023 In CRIMINAL MISCELLANEOUS No.24477 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
Birju Chaudhary @ Viraju Chaudhari, (M), aged about 60 years, Son of Late Sitaram Chaudhary, Resident of Village-Tarar Pokhar Surya Mandir, Near Ward No. 2, P.S. - Daudnagar, Dist. - Aurangabad. 2.
Satendra Chaudhary, (M), aged about 35 years, Son of Birju Chaudhary @ Viraju Chaudhari, Resident of Village-Tarar Pokhar Surya Mandir, Near Ward No. 2, P.S. - Daudnagar, Dist. - Aurangabad. 3.
Jitendra Chaudhary, (M), aged about 35 years, Son of Birju Chaudhary @ Viraju Chaudhari, Resident of Village-Tarar Pokhar Surya Mandir, Near Ward No. 2, P.S. - Daudnagar, Dist. - Aurangabad. 4.
Subhash Chaudhary, (M), aged about 25 years, Son of Birju Chaudhary @ Viraju Chaudhari, Resident of Village-Tarar Pokhar Surya Mandir, Near Ward No. 2, P.S. - Daudnagar, Dist. - Aurangabad. 5.
Vikash Chaudhary, (M), aged about 35 years, Son of Birju Chaudhary @ Viraju Chaudhari, Resident of Village-Tarar Pokhar Surya Mandir, Near Ward No. 2, P.S. - Daudnagar, Dist. - Aurangabad. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party :
Mr. Dinesh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The present application has been filed for modification of the order dated 14.02.2022, passed in Cr. Misc. No. 24477 of 2021, by which the petitioners were granted anticipatory bail in connection with Daudnagar P.S. Case No. 72
Patna High Court CR. MISC. No.17006 of 2023(2) dt.26-04-2023 2/3 of 2020, pending in the court of learned Sub Divisional Judicial Magistrate, Daudnagar, and the petitioners were directed to surrender in the court below within a period of twelve weeks. Learned counsel for the petitioners submits that in the cause title of order dated 14.02.2022, passed in Cr. Misc. No. 24477 of 2021 due to inadvertent mistake, the resident of village of petitioner nos. 1 to 5, 'Jankop' has wrongly been mentioned in place of 'Tarar Pokhar Surya Mandir, Near-Ward No. 2 and P.S. 'Barun' has wrongly been mentioned in place of 'Daudnagar'. Likewise the alias name of father of petitioner nos. 2 to 5 i.e., 'Viraju Chaudhary' be added just after the word 'Birju Chaudhary'.
Learned counsel for the petitioners further submits that due to some unavoidable reasons the petitioners could not surrender in the court below well within time. It is further submitted that further time may be extended so that the petitioners could surrender in the court below. Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, let in the cause title of the order dated 14.02.2022 passed in Cr. Misc. No. 24477 of 2021, the resident of village of petitioner nos. 1 to 5 be read as 'Tarar Pokhar Surya Mandir, Near Ward No.
Patna High Court CR. MISC. No.17006 of 2023(2) dt.26-04-2023 3/3 and P.S. be read as 'Daudnagar' in place of 'Barun'. Let the alias name of father of petitioner nos. 2 to 5, be read as 'Birju Chaudhary @ Viraju Chaudhary' in place of 'Birju Chaudhary' and the period of surrender of the petitioners in the court below is also extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same. The order dated 14.02.2022, passed in Cr. Misc. No. 24477 of 2021, is modified to the extent as indicated above. The present application is disposed of.
Let this order be communicated to the learned court below through e-mail.
(Sudhir Singh, J) U.K./- U T