High Court corrected a clerical error in an earlier order granting anticipatory bail, replacing the recorded appulator from Chief Judicial Magistrate to Judicial Magistrate, and extended appearance time by four weeks.
Order dated 28.01.2019 modified to read 'Judicial Magistrate, 1st Class' instead of 'C.J.M.'; time extended by four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10276 of 2019
In
CRIMINAL MISCELLANEOUS No.4288 of 2019
Arising Out of PS. Case No.-192 Year-2018 Thana- KUSHESHWARASTHAN District-
Darbhanga
====================================================== UMESH PASWAN AND ANR.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jawed Gaffar Khan For the Opposite Party/s : Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 11-03-2019 Heard learned Counsel for the petitioners.
This application has been filed for slight modification
in the order, dated 28.01.2019, passed in Criminal Misc. No. 4288 of 2019, only to the extent that by the said order, for the purpose of release of the petitioners on bail, satisfaction of learned C.J.M., Darbhanga, has been recorded in place of Judicial Magistrate, 1st Class, Biraul, Darbhanga.
The error, apparently, has crept in because of the error in the anticipatory bail application, which appears to be bona fide.
Let, in the said order, dated 28.01.20189, passed in Criminal Misc. No. 4288 of 2019, ‘satisfaction of learned
Patna High Court CR. MISC. No.10276 of 2019(2) dt.11-03-2019 2/2
Judicial Magistrate, 1st Class, Biraul, Darbhanga’ be read in place of ‘learned C.J.M., Darbhanga’.
The time allowed to the petitioners to appear before
the Court below is hereby extended by four weeks from today.
This application is allowed with the modification, as
indicated above.
(Chakradhari Sharan Singh, J.)
Prabhakar Anand/-
U √ T √
2 issues framed by the court
Whether a clerical error in recording the satisfaction of the authority granting anticipatory bail should be corrected by this Court.
Whether the time allowed to appear before the Court below should be extended.
Umesh Paswan and Anr.
State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
