Partly allowed

Goutam Kumar v. The State of Bihar

Patna HC18 May 2022CR. MISC./25242/2022

Case brief

AI extract

What is this about?

Petitioner sought modification of an anticipatory bail order due to a clerical error in the designation of the competent court, causing failure to surrender within the stipulated time. The High Court allowed extension for surrender.

What did the court decide?

Petition allowed; surrender period extended to four weeks from the date of order for release on anticipatory bail on existing terms.

Goutam Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.25242 of 2022

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CRIMINAL MISCELLANEOUS No.5743 of 2022

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Arising Out of PS. Case No.-75 Year-2019 Thana- DHOLBAJJA District- Bhagalpur

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

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Goutam Kumar, aged about 35 years, male, Son of Mahadeo Mandal, R/o Village - Milky Lachminiya, Kadwa Post Khairpur, Ward No.- 7, Naugachiya, Police Station - Dholbajja, District – Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anupa Nand Jha, 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 12.04.2022 passed in Cr. Misc. No. 5743 of 2022, whereby the application of the petitioner for grant of anticipatory bail in connection with Dholbajja (Kadwa) P.S. Case No. 75 of 2019 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.25242 of 2022(2) dt.18-05-2022 2/3

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that inadvertently in the prayer portion of the bail application, in place of “Judicial Magistrate-Ist Class, Naugachiya (Bhagalpur)”, “1^st Addl. District & Sessions Judge, Naugachiya, (Bhagalpur)” has been typed. Consequently, in the last paragraph of the order dated 12.04.2022, the name of the Court has been recorded as “1^st Addl. District & Sessions Judge, Naugachiya, (Bhagalpur)”.

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Considering the aforesaid submission, let the name of the Court recorded in the last paragraph of the order, referred to above, be treated to be corrected accordingly and read as “Judicial Magistrate-Ist Class, Naugachiya (Bhagalpur)”.

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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 12.04.2022 is modified to the

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Patna High Court CR. MISC. No.25242 of 2022(2) dt.18-05-2022 3/3

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extent that if the petitioner/Goutam 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 dated 12.04.2022.

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The order dated 12.04.2022 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

Goutam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Goutam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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