Allowed

Daya Shankar Singh v. the State of Bihar

Patna HC3 Feb 2021CR. MISC./6424/2021

Case brief

AI extract

What is this about?

The High Court of Patna ordered modification of a bail order (Cr. Misc. No. 20647 of 2020) which incorrectly named the court for surrender. The correction was to recognize the Special Judge, Excise, Begusarai, and the surrender deadline was extended.

What did the court decide?

The impugned order corrected to direct surrender before the Special Judge, Excise, Begusarai, and the surrender time extended by six weeks.

Daya Shankar Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6424 of 2021

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CRIMINAL MISCELLANEOUS No.20647 of 2020

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Arising Out of PS. Case No.-659 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

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======================================================

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DAYA SHANKAR SINGH S/o Late Ram Sevak Singh R/o village- Hanuman Garhi, Ward No. 45, P.S.- Mufassil, District- Begusarai

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar For the Opposite Party/s : Mr.A.G ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 03-02-2021

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Learned counsel for the petitioner is directed to

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remove the defect(s), as pointed out by the office, within a period of four weeks.

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The present application has been filed for modification of the order dated 19-08-2020 passed in Cr. Misc. No. 20647 of 2020 by which the petitioner was granted anticipatory bail in connection with G.R. No. 1168 of 2019 arising out of Muffassil P.S. Case No. 659 of 2029 pending in the court of learned Special Judge, Excise, Patna and the petitioner was directed to surrender.

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It is submitted on behalf of the petitioner that in the prayer portion of main application of Cr. Misc. No. 20647 of 2020, “learned Special Judge, Excise, Patna” has wrongly been mentioned in place of “learned Special Judge, Excise,

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Patna High Court CR. MISC. No.6424 of 2021(2) dt.03-02-2021 2/2

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Begusarai” and due to that reason, same mistake occurred in the order dated 19-08-2020 passed in Cr. Misc. No. 20647 of 2020 as a result of which, the petitioner could not surrender. It is further prayed on behalf of the counsel for the petitioner that last paragraph of second page of the order dated 19-08-2020 passed in Cr. Misc. No. 20647 of 2020, be corrected and further time may be extended so that the petitioner could surrender.

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Considering the submissions made on behalf of the learned counsel for the petitioner, the order dated 19-08-2020 passed in Cr. Misc. No. 20647 of 2020 is modified to the extent that “learned Special Judge, Excise, Patna” mentioned in the last paragraph of second page of the order be read as “learned Special Judge, Excise, Begusarai” and 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. The rest of the conditions shall remain the same as mentioned in the order dated 19-08-2020 passed in Cr. Misc. No. 20647 of 2020.

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The modification application is, accordingly, disposed of.

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(Sudhir Singh, J)

Daya Shankar Singh v. the State of Bihar

Case brief

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Daya Shankar Singh v. the State of Bihar

Case brief

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