Allowed

Shiv Shankar v. The State Of Bihar

Patna HC27 Jun 2018CR. MISC./30387/2018

Case brief

AI extract

What is this about?

The Patna High Court modified a prior bail order where a clerical error in the case number had caused delay in the petitioner's surrender. The Court allowed the petitioner to be released on bail upon surrendering within three weeks and depositing the fined amount, allowing the original conditions of the bail order to subsist.

What did the court decide?

Petitioner permitted to surrender within three weeks and be released on bail upon furnishing a bond of ₹10,000 and sureties to the satisfaction of the Judicial Magistrate.

Shiv Shankar Vs The State Of Bihar — Cheque Dishonour | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.30387 of 2018

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Shiv Shankar, S/o Sri Mohan Mahto, Resident of Mohalla - Hathsarganj (Brahmsthan), P.S. - Town Hajipur, Dist - Vaishali.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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.... .... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Mahendra Thakur, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 27-06-2018 The petitioner was granted bail by a Bench of this Court vide order dated 07.03.2014, passed in Cr. Misc. No. 52320 of 2013, with the condition that in the event of the arrest/surrender of the petitioner before the court below within a period of four weeks along with a duly verified application supported by personal affidavit of the intention of depositing the amount of Rs. 47,000/- in Court, the petitioner would be enlarged on bail.

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Unfortunately, it has been submitted on behalf of the petitioner, the number of the complaint case, viz. Complaint Case No. 3637 of 2011, in the order dated

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Patna High Court Cr.Misc. No.30387 of 2018 (2) dt.27-06-2018

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07.03.2014 was wrongly typed as Complaint Case No. C1363/011. In fact, this mistake has crept in the order which is sought to be modified because of the wrong entry in the certified copy of the complaint petition.

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Finding the aforesaid lacunae, the petitioner filed an application before the concerned Court for issuance of a fresh certified copy of the complaint petition with the correct number. This process took a long time and, therefore, the petitioner could not surrender on time.

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Though the present petition has been filed much belatedly, but considering the fact that the case is one under Section 138 of the Negotiable Instruments Act and the petitioner is ready to pay Rs. 47,000/-, though under protest, this Court deems it appropriate to modify the order dated 07.03.2014 to the extent that if the petitioner, above named, surrenders before the court below within three weeks from today along with the affidavit which was directed to be filed by the order dated 07.03.2014, he shall be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Vaishali at Hajipur, in connection with Complaint Case No. 3637 of 2011.

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It is made clear that the other conditions

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Patna High Court Cr.Misc. No.30387 of 2018 (2) dt.27-06-2018

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imposed vide order dated 07.03.2014, passed in Cr. Misc. No. 52320 of 2013, shall subsist.

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With the aforesaid modification, the present petition is allowed.

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(Ashutosh Kumar, J)

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Praveen-II/-

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U T

Shiv Shankar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Shankar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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