Disposed¶17

Banarsi Bind v. The State of Bihar

Patna HC2 Aug 2024CR. MISC./46551/2024

Case brief

AI extract

What is this about?

Modification of anticipatory bail order; typographical/clerical error correction; father's name Raj Umar Bind corrected to Sri Raj Kumar Bind; village Bheldhih corrected to Bheladih; petitioner Banarsi Bind; Excise P.S. Case No. 630 of 2023; Kaimur (Bhabua); surrender period extended by six weeks; deposit of Rs. 2,000/- in Victim Compensation Fund; order dated 18.01.2024 in Cr. Misc. No. 86130 of 2023 rectified; Patna High Court; Justice Anjani Kumar Sharan; decided 02-08-2024.

What did the court decide?

Rectification of the petitioner's father's name (to 'Sri Raj Kumar Bind') and village name (to 'Bheladih') in the anticipatory bail order dated 18.01.2024; surrender period extended by six weeks subject to deposit of Rs. 2,000/- in the Victim Compensation Fund. ¶17

Banarsi Bind Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 18.01.2024 passed in Cr. Misc. No. 86130 of 2023 should be modified to correct the typographical errors in the petitioner's father's name (Raj Umar Bind vs. Raj Kumar Bind) and village name (Bheldhih vs. Bheladih), and whether the period for surrender should be extended.

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Court's answer

The petitioner's father's name is directed to be read as 'Sri Raj Kumar Bind' in place of 'Raj Umar Bind', and the village name as 'Bheladih' in place of 'Bheldhih'.

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Ratio / Principle

The period of surrender is extended by six weeks from the date of receipt/production of a copy of the order, in connection with Excise P.S. Case No. 630 of 2023, subject to deposit of Rs. 2,000/- in the Victim Compensation Fund.

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Key takeaways

The order dated 18.01.2024 stands rectified to the extent indicated and is to be read along with the present order; the rest of that order remains intact, and the modification application stands disposed of.ratio¶15

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.) disposed of a modification application (Cr. Misc. No. 46551 of 2024) seeking correction of typographical errors in the anticipatory bail order dated 18.01.2024 passed in Cr. Misc. No. 86130 of 2023 arising out of Excise P.S. Case No. 630 of 2023, District Kaimur (Bhabua). The petitioner, Banarsi Bind, had not surrendered because the earlier order erroneously recorded his father's name as 'Raj Umar Bind' instead of 'Sri Raj Kumar Bind' and his village as 'Bheldhih' instead of 'Bheladih'. The Court directed that the father's name and village name be read as corrected, extended the period of surrender by six weeks from receipt/production of a copy of the order subject to deposit of Rs. 2,000/- (Rupees Two Thousand) in the Victim Compensation Fund, rectified the order dated 18.01.2024 to that extent, and left the remainder of the order intact.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46551 of 2024

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CRIMINAL MISCELLANEOUS No.86130 of 2023

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Arising Out of PS. Case No.-630 Year-2023 Thana- Excise P.S. District- Kaimur (Bhabua)

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====================================================== Banarsi Bind S/O Rajkumar Bind R/O Village-Bheladih,P.S.-Chand, DisttKaimur

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Singh For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 02-08-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The present application has been filed for modification of order dated 18.01.2024 passed in Cr. Misc. No. 86130 of 2023.

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Learned counsel for the petitioner submits that the petitioner has been granted anticipatory bail vide order dated 18.01.2024 passed in Cr. Misc. No. 86130 of 2023, but due to an inadvertent typographical error in the petitioner’s father name and the village name of the aforesaid order, the petitioner has not surrendered before the learned Court below. He further submits that the petitioner's father name has been wrongly typed as Sri Raj Umar Bind in place of Sri Raj Kumar Bind and the

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Patna High Court CR. MISC. No.46551 of 2024(2) dt.02-08-2024 2/2

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village name has been wrongly typed as Bheldhih in place of Bheladih.

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After hearing learned counsel for the petitioner and for the reasons mentioned in the modification application, let the petitioner's father name be read as Sri Raj Kumar Bind in place of Raj Umar Bind and the village name be read as Bheladih in place of Bheldhih. Further, the period of surrender is extended by six weeks from the date of receipt/production of a copy of this order in connection with Excise P.S. Case No. 630 of 2023, subject to deposit of sum of Rs.2000/- (Rupees Two Thousand) in the Victim Compensation Fund.

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Accordingly, the order dated 18.01.2024 is rectified to the extent as indicated above and read along with this order. Rest of the order shall remain intact.

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Accordingly, this modification application stands

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disposed of.

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Anjani Kumar Sharan, J)

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anand/-

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U T

Banarsi Bind v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Banarsi Bind v. The State of Bihar

Case brief

What is this about?

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What the court decided

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