Patna High CourtCR. MISC./82803/2023allowed

Md. Imtiyaj Alam @ Sonu v. The State Of Bihar

2023-12-15Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82803 of 2023 In CRIMINAL MISCELLANEOUS No.64394 of 2023 Arising Out of PS. Case No.-66 Year-2021 Thana- MAHILA P.S District- Supaul ====================================================== Md. Imtiyaj Alam @ Sonu, Male, aged about 26 years, S/O Md. Najivullah, R/O Village- Mohanpur Katahar, P.S- Chhatapur, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-12-2023 Learned counsel for the petitioner seeks permission to make necessary correction in paragraph no.1 of the petition.

2. Permission is granted.

3. Let the same be done in course of the day.

4. At the request of learned counsel for the petitioner, the matter is taken up for hearing.

5. Heard learned counsel for the petitioner and learned APP for the State.

6. This modification application has been filed for modification of the order dated 17.10.2023 passed in Cr. Misc. No.64394 of 2023 by which the petitioner was granted anticipatory bail.

7. Learned counsel for the petitioner submits that due

Patna High Court CR. MISC. No. 82803 of 2023(2) dt.15-12-2023 2/3 to inadvertence 'SDJM, Araria' was typed in place of "SDJM, Supaul" in paragraph no.1 as well as in prayer portion of the Cr. Misc. No.64394 of 2023 and the same mistake has occurred in the order dated 17.10.2023 passed in Cr. Misc. No.64394 of 2023 by which the petitioner was granted anticipatory bail.

8. Perused the record.

9. Perusal of the records shows that at the time of feeding of data of Cr. Misc. No.64394 of 2023 as well as the instant application, name of the district has been entered wrongly as "Araria" in place of 'Supual'. Perusal of the record further shows that the case relates to Supaul district and not the Araria district. Accordingly, office is directed to make necessary correction in the data of both the cases with regard to name of the district.

10. In such view of the matter, in the last but one line of 6th paragraph of the order dated 17.10.2023 passed in Cr. Misc. No.64394 of 2023, in place of 'SDJM, Araria', it should be read as "SDJM, Supaul".

11. The order dated 17.10.2023 stands modified to the aforesaid extent.

12. As prayed for by learned counsel for the petitioner, further six weeks' time with effect from today is

Patna High Court CR. MISC. No. 82803 of 2023(2) dt.15-12-2023 3/3 granted to the petitioner to surrender in the Court below in terms of the order dated 17.10.2023 passed in Cr. Misc. No.64394 of 2023.

13. Since the order dated 17.10.2023 passed in Cr. Misc. No.64394 of 2023 has been communicated to Araria district due to wrong entry of the name of district, office is directed to communicate the order dated 17.10.2023 passed in Cr. Misc. No.64394 of 2023 to the SDJM, Supaul, at once.

14. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T