The Patna High Court allowed a modification application to correct a typographical error in an anticipatory bail order, changing the petitioner's district from Nalanda to Patna and extending the bail validity period.
Modified the bail order to read 'District Patna' instead of 'District Nalanda' and extended the bail period by eight 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.32502 of 2020
Arising Out of PS. Case No.-701 Year-2019 Thana- BIHARSHARIF District- Nalanda
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MOHAN KEWAT S/o Dharmraj Kewat Resident of Village- Daya Chak, Police Station- Barh, District- Patna (Wrongly typed in the main bail application as District- Nalanda).
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 09-12-2020 Heard the parties through video conferencing.
The petitioner has filed the instant application praying
for modification of the order dated 10.9.2020 passed in Cr. Misc. no. 15145 of 2020 whereby and where under the petitioner had been granted anticipatory bail in connection with Bihar P.S. Case no. 701 of 2019.
It is submitted by learned counsel for the petitioner that in the cause title page of the bail petition, in describing the address of the petitioner, the district was wrongly typed as district Nalanda in place of the correct district Patna. It is submitted that consequent to the said error, the same mistake/typing error has occurred in the address of the petitioner on page 1 of the order dated 10.9.2020 granting bail to the
Patna High Court CR. MISC. No.32502 of 2020(2) dt.09-12-2020 2/2
petitioner. It is submitted that the same may be appropriately modified.
Having heard learned counsel for the parties and on going through the records of Cr. Misc. no. 15145 of 2020 and in the facts and circumstances of the case, it is ordered that the order dated 10.9.2020 passed in Cr. Misc. no. 15145 of 2020 is modified to the extent that in the address of the petitioner on page 1 of the said order, District Nalanda shall be read as District Patna.
Further by order dated 10.9.2020 it had been directed that the petitioner would be enlarged on bail in the event of his arrest or surrender within eight weeks from the said date i.e. 10.9.2020. The said period of eight weeks is extended by eight weeks from today i.e. 9.12.2020.
The remaining part of the order dated 10.9.2020 passed in Cr. Misc. no. 15145 of 2020 shall remain unchanged.
The modification application stands allowed to the above extent.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether the typographical error in the address of the petitioner in the anticipatory bail order should be corrected.
Mohan Kewat
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
