Jay Shankar Prasad Yadav v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.255 of 2020 In CRIMINAL MISCELLANEOUS No.48466 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- RANIGANJ District- Araria ====================================================== Jay Shankar Prasad Yadav S/O- Late Kamal Ram Resident of Village - Aragi Amani, P.S. - Maharajganj, District - Azamgarh, U.P., At present Address - Inspector of Police, Police Line Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Anjani Kumar (L.O.Inc.Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for modification of the order dated 04-12-2019 passed in Cr. Misc. No. 48466 of 2019 by which the petitioner was granted anticipatory bail in connection with Special Case No. 05 of 2019 arising out of Raniganj (Araria) P.S. Case No. 92 of 2019 pending in the court of learned Special Judge, Vigilance-II, Patna and the petitioner was directed to surrender and furnish bail bond in the court below within a period of six weeks.

It is submitted on behalf of the petitioner that the case

Patna High Court CR. MISC. No.255 of 2020(1) dt.16-01-2020 2/3 record of this case was transferred to the court of learned Special Judge, Vigilance, Bhagalpur and this fact could not be brought to the notice of Hon'ble Court at the time of passing the bail order. That is why, in the prayer portion of the application i.e. Cr. Misc. No. 48466 of 2019, to the satisfaction of "Spl. Judge, Vigilance-II, Patna" has been mentioned. It is prayed that "Spl. Judge, Vigilance-II, Patna" mentioned in the last paragraph of the order dated 04-12-2019 passed in Cr. Misc. No. 48466 of 2019, be corrected as "Learned Special Judge, Vigilance, Bhagalpur". It is further prayed that further time may be extended so that the petitioner could surrender and furnish bail bond in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the order dated 04-12-2018 passed in Cr. Misc. No. 48466 of 2019 is modified to the extent that "Spl. Judge, Vigilance-II, Patna" mentioned in the last paragraph of the order be read as "Learned Special Judge, Vigilance, Bhagalpur". The period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order in respect of the petitioner only. The rest of the conditions shall remain the

Patna High Court CR. MISC. No.255 of 2020(1) dt.16-01-2020 3/3 same as mentioned in the order dated 04-12-2018 passed in Cr. Misc. No. 48466 of 2019.

The order dated 04-12-2019 passed in Cr. Misc. No. 48466 of 2019 is modified to the extent as indicated above. The modification application is, accordingly, disposed of.

(Sudhir Singh, J) A.K.V.//- U T