Allowed

Sibu Yadav @ Subhash Kumar v. The State of Bihar

Patna HC18 May 2022CR. MISC./24095/2022

Case brief

AI extract

What is this about?

This court modified an earlier order granting anticipatory bail to correct a clerical error where Section 207 was typed instead of Section 307 IPC. The court allowed the petitioner an additional period to surrender and release on bail.

What did the court decide?

Prayer to extend the period for surrender allowed; order modified to treat Section 207 as Section 307 IPC; surrender within four weeks for release on bail.

Sibu Yadav @ Subhash Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.24095 of 2022

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CRIMINAL MISCELLANEOUS No.10413 of 2021

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Arising Out of PS. Case No.-358 Year-2020 Thana- BANKA District- Banka

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

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Sibu Yadav @ Subhash Kumar, male, aged about 36 years, S/o Ganesh Yadav, R/o village- Lilagora, P.S.- Banka, Distt.- Banka.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhakar Kumar, Adv. For the Opposite Party/s : Mr. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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ORAL ORDER

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2 18-05-2022 Heard the learned counsel for the parties.

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This is an application seeking modification of the

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order dated 21.02.2022 passed in Cr. Misc. No. 10413 of 2021, whereby the application of the petitioner for grant of anticipatory bail in connection with Banka P.S. Case No. 358 of 2020 was allowed.

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It has been submitted on behalf of the petitioner

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Patna High Court CR. MISC. No.24095 of 2022(2) dt.18-05-2022 2/3

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that inadvertently in the first paragraph of the bail application, in place of “Section 307” of the I.P.C., “Section 207” has been typed. Consequently, in the second paragraph of the order dated 21.02.2022, “Section 207” has been recorded.

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Considering the aforesaid submission, let “Section 207” of the I.P.C. recorded in the second paragraph of the order dated 21.02.2022 be treated to be corrected accordingly and read as “Section 307”.

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It has further been submitted that because of such mistake, the petitioner could not surrender before the Court below within the stipulated period.

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For the reasons stated in the application, the prayer made on behalf of the petitioner to extend the period for surrendering before the Court below is allowed.

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The order dated 21.02.2022 is modified to the extent that if the petitioner/Sibu Yadav @ Subhash Kumar surrenders before the Court below within a period of four weeks from today, he shall be released on anticipatory bail on the same terms and conditions as laid down in the order

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Patna High Court CR. MISC. No.24095 of 2022(2) dt.18-05-2022 3/3

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dated 21.02.2022.

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The order dated 21.02.2022 stands modified to

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the extent indicated above.

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The application stands allowed.

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(Ashutosh Kumar, J)

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Praveen-II/-

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U T

Sibu Yadav @ Subhash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sibu Yadav @ Subhash Kumar v. The State of Bihar

Case brief

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What did the court decide?

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