Praveen Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Praveen Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Modification petition allowed: in the order dated 20.07.2023 passed in Cr. Misc. No. 73807 of 2022, 'Sessions Judge, Lakhisarai' is to be read as 'Special Judge, NDPS, Lakhisarai'; five weeks' further time from receipt/production of the copy of the order granted to surrender and furnish bail-bond before the court below, subject to deposit of Rs. 5,000/- to the concerned District Legal Services Authority and furnishing its receipt with the bail-bond.

Issue for consideration

Whether the order dated 20.07.2023 passed in Cr. Misc. No. 73807 of 2022 should be modified so as to correct the typographical error in the prayer portion (wrong forum described for surrender/furnishing of bail-bond) and to extend the period of surrender.

Court's answer

Due to inadvertence, in the prayer portion of the main petition the forum was wrongly typed as 'Sessions Judge, Lakhisarai' instead of 'Special Judge, NDPS, Lakhisarai'; the same error occurred in the order dated 20.07.2023, necessitating correction.

Ratio / Principle

The Court directed that, in the last paragraph of the order dated 20.07.2023 passed in Cr. Misc. No. 73807 of 2022, 'Sessions Judge, Lakhisarai' shall be read as 'Special Judge, NDPS, Lakhisarai'.

Key takeaways

Five weeks' further time from the date of receipt/production of the copy of the order was granted to the petitioner to surrender and furnish bail-bond before the court below, subject to deposit of Rs. 5,000/- to the concerned District Legal Services Authority and furnishing its receipt with the bail-bond.ratio¶16
The modification petition was allowed and the order dated 20.07.2023 passed in Cr. Misc. No. 73807 of 2022 was modified to the above extent only.ratio¶17

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Criminal Miscellaneous No.25395 of 2024 in Criminal Miscellaneous No.73807 of 2022, arising out of PS Case No.-108 of 2022 (Kiul Rail P.S., Lakhisarai), decided 19-04-2024: modification petition under the original Cr. Misc. allowed to correct a typographical error — due to inadvertence, the prayer portion of the main petition and the order dated 20.07.2023 wrongly referred to 'Sessions Judge, Lakhisarai'; directed that it be read as 'Special Judge, NDPS, Lakhisarai'. Further five weeks' time granted to the petitioner (Praveen Kumar) to surrender and furnish bail-bond before the court below, subject to deposit of Rs. 5,000/- (Rupees Five Thousand) to the concerned District Legal Services Authority and furnishing its receipt with the bail-bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25395 of 2024

In

CRIMINAL MISCELLANEOUS No.73807 of 2022

Arising Out of PS. Case No.-108 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai

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

Praveen Kumar son of Jay Prakash Paudar resident of vill- sonapatt bekapur ps- kotwali dist-munger

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 19-04-2024

Heard learned counsel for the petitioner and the State.

This petition has been filed for modification of order dated 20.07.2023 passed in Cr. Misc. No. 73807 of 2022 to the extent of correction in the prayer portion and extension of period of surrender.

Due to inadvertence in the prayer portion in the main petition instead of ‘Special Judge, NDPS, Lakhisarai’ it has wrongly been typed as ‘Sessions Judge, Lakhisarai’. Same error has occurred in aforesaid order dated 20.07.2023. Accordingly, learned counsel for the petitioner requests for necessary correction in the order.

In view of the aforesaid fact, in last paragraph of the order dated 20.07.2023 passed in Cr. Misc. No. 73807 of

Patna High Court CR. MISC. No.25395 of 2024(2) dt.19-04-2024 2/2

2022, let ‘Sessions Judge, Lakhisarai’ be read as ‘ Special Judge, NDPS, Lakhisarai ’ and further five weeks’ time from the date of receipt/production of copy of this order is granted to the petitioner to surrender and furnish bail-bond before the court below, subject to deposit of Rs. 5,000/- (Rupees Five Thousand) to the concerned District Legal Services Authority and to furnish its receipt with the bail-bond.

Accordingly, modification petition is allowed and order dated 20.07.2023 passed in Cr. Misc. No. 73807 of 2022 is modified to the above extent only.

(Prabhat Kumar Singh, J)

Navya/-

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