Allowed

Manoj Kumar Sah v. The State of Bihar

Patna HC13 Sept 2024CR. MISC./39749/2021

Case brief

AI extract

What is this about?

Petitioners sought modification of an anticipatory bail order requiring surrender within four weeks. They failed to surrender due to the covid-19 pandemic and a typographical error in the designated court. The court corrected the designation to S.D.J.M. (West), Muzaffarpur and extended surrender time by three weeks on deposit of Rs. 3,000/-.

What did the court decide?

Designation of Presiding Officer corrected; time to surrender extended by three weeks, subject to deposit of Rs. 3,000/- before DLSA Muzaffarpur.

Manoj Kumar Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39749 of 2021

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CRIMINAL MISCELLANEOUS No.65310 of 2019

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Arising Out of PS. Case No.-393 Year-2019 Thana- KANTI District- Muzaffarpur

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

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MANOJ KUMAR SAH S/O MANILAL SAH R/o village- Damodarpur, P.S.- Kanti, District- Muzaffarpur

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RAJA KUMAR S/O MANOJ KUMAR SAH R/o village- Damodarpur, P.S.Kanti, District- Muzaffarpur

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UTKARSH RAJ S/O SANJAY KUMAR SINGH R/o village- Damodarpur, P.S.- Kanti, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. A.G

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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3 13-09-2024

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1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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2. This application has been filed for modification of the order dated 05.11.2019 passed in Cr. Misc. No. 65310 of 2019, whereby the present petitioners have been granted privilege of anticipatory bail subject to the condition that the petitioners shall surrender before a learned Court below within a period of four weeks from the date of the order.

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3. Learned counsel for the petitioners submits that the stipulated time period, within which the petitioners had to surrender, got lapsed because the petitioners could not furnish bail bond within stipulated time due to covid-19 pandemic as well as due to typographical error in the prayer portion of the main anticipatory bail application

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Patna High Court CR. MISC. No.39749 of 2021(3) dt.13-09-2024 2/2

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related to designation of Presiding Officer which was, inadvertently, typed as “Spl. Judge, Excise Act, Muzaffarpur” instead of “S.D.J.M. (West), Muzaffarpur” and as such, they could not surrender before the learned Court below within the time granted by this Court. He, accordingly, prays for further two weeks’ time to surrender before the learned Court below.

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4. Having regard to the submission made on behalf of the petitioner, let the designation of the Presiding Officer be read as “learned S.D.J.M. (West), Muzaffarpur” instead of “learned Spl. Judge, Excise Act, Muzaffarpur” and the time granted by this Court to surrender before the learned Court below by order dated 05.11.2019 passed in Cr. Misc. No. 65310 of 2019 be extended by further three weeks from today, subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- before District Legal Services Authority, Muzaffarpur.

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5. Accordingly, this application is allowed to the extent indicated above.

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(Anil Kumar Sinha, J)

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HarshPandey/- U T

Manoj Kumar Sah v. The State of Bihar

Case brief

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Manoj Kumar Sah v. The State of Bihar

Case brief

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