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Patna High CourtCR. MISC./12662/2024allowed

Guddu Kumar @ Guddu Prasad v. The State Of Bihar

2024-02-23Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12662 of 2024 In CRIMINAL MISCELLANEOUS No.51377 of 2023 Arising Out of PS. Case No.-252 Year-2022 Thana- SILAO District- Nalanda ====================================================== 1.

Guddu Kumar @ Guddu Prasad S/o- Sukhdev Prasad @ Sukhdev Yadav Village- Dumari Ps- Rajgir Dist- Nalanda 2.

Rahul Kumar son of Sukhdev Prasad @ Sukhdev Yadav Village- Dumari PsRajgir Dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pramshila Devi wife of Ravindra Prasad Village- Jamuara Ps- Chiksaura Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-02-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application has been filed for modification of the order dated 08.11.2023 passed in Cr. Misc. No. 51377 of 2023, whereby the present petitioner has been granted privilege of anticipatory bail subject to the condition that the petitioner shall surrender before a learned Court below within a period of four weeks from the date of the order. Further, prayer has been made for correction in the father's name of petitioner No. 1 inasmuch as the same has incorrectly been typed as Rajendra Yadav instead of Sukhdev Prasad @ Sukhdev Yadav.

3. Learned counsel for the petitioner submits that the petitioner is an illiterate person and earns his livelihood in

Patna High Court CR. MISC. No.12662 of 2024(2) dt.23-02-2024 2/2 another state, as such, he could not surrender within stipulated time. He, accordingly, prays for further two weeks' time to surrender before the learned District Court.

4. Having regard to the submission made on behalf of the petitioner, let the time granted by this Court to surrender before the learned Court below by order dated 08.11.2023 passed in Cr. Misc. No. 51377 be extended by further two weeks from today subject to the condition that the petitioner shall deposit Rs. 2,000/- to the District Legal Services Authority. Insofar as the name of the father of petitioner No. 1 is concerned, it may be read as Sukhdev Prasad @ Sukhdev Yadav in place of Rajendra Yadav. NIC is directed to do the necessary correction in the cause title.

5. Accordingly, this application is allowed to the extent indicated above.

(Anil Kumar Sinha, J) HarshPandey/- U T