Tinku Alam @ Ehsan Alam Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Tinku Alam @ Ehsan Alam Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Correction of the erroneous police-case-number recital in the order dated 08.07.2024 (to read “Kuchaikote P.S. Case No. 117 of 2020”) and a further extension of two weeks for the petitioner to surrender in the court below; matter consigned.

Issue for consideration

Correction of the inadvertent error in paragraph 1 of this Court's order dated 08.07.2024, wherein “Kuchaikote P.S. Case No. 504/34” was wrongly recorded in place of “Kuchaikote P.S. Case No. 117 of 2020”. +1 more

Court's answer

The Court directed that the inadvertent reference to “Kuchaikote P.S. Case No. 504/34” in its order dated 08.07.2024 be corrected to read “Kuchaikote P.S. Case No. 117 of 2020”.

Ratio / Principle

The order dated 08.07.2024 was modified to the extent of the said correction of the police case number.

Key takeaways

The time to surrender in the court below was further extended by two weeks from the date of receipt/communication of a copy of the order.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Sandeep Kumar), Criminal Miscellaneous No. 7061 of 2024 arising out of Kuchaikote P.S. Case No. 117 of 2020, District Gopalganj — oral order dated 16.07.2024. The Court corrected a clerical/inadvertent error in its own earlier order dated 08.07.2024, in which “Kuchaikote P.S. Case No. 504/34” had been wrongly recorded in place of “Kuchaikote P.S. Case No. 117 of 2020”, and modified the earlier order to that extent. The earlier order of 08.07.2024 had allowed the petitioner's quashing application, quashed the order dated 25.11.2023 of the Additional Sessions Judge-V, Gopalganj in A.B.P. No. 900 of 2020 (which had rejected extension of time to surrender and furnish bail bond), and granted four weeks to surrender. By the present order, the time to surrender was further extended by two weeks from receipt/communication of a copy of the order; matter consigned. Purely corrective/administrative order; no proposition of law laid down.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7061 of 2024

Arising Out of PS. Case No.-117 Year-2020 Thana- KUCHAIKOTE District- Gopalganj

====================================================== Tinku Alam @ Ehsan Alam S/o Nazir Alam RESIDENT OF VILLAGE - MAHUAVA, POLICE STATION - KUCHAIKOTE, DIST - GOPALGANJ

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Najeeb Ahmad For the Opposite Party/s : Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 16-07-2024 This case has come under the heading “To be

Mentioned”.

2 . The following order was passed on 08.07.2024:-

“This application has been filed for quashing the order dated 25.11.2023 passed by the learned Additional Sessions Judge-V, Gopalganj in A.B.P. No. 900 of 2020, by which the petitioner’s prayer for extending the time to surrender and furnishing bail bond in Kuchaikote P.S. Case No. 504/34 has been rejected.

2 . Considering the submissions of the learned counsel for the petitioner, this application is allowed and the order dated 25.11.2023 passed by the learned Additional Sessions Judge-V, Gopalganj in A.B.P. No. 900 of 2020 is hereby quashed.

3 . Time to surrender in the court below is hereby extended.

4. The petitioner is directed to surrender in the court below within four weeks from the date of communication of a copy of this order.”

Patna High Court CR. MISC. No.7061 of 2024(3) dt.16-07-2024 2/2

3 . It has been pointed out by the learned counsel for the petitioner that in paragraph no. 01 of the order dated 08.07.2024, due to inadvertence, “Kuchaikote P.S. Case No. 504/34” has wrongly been recorded in place of “Kuchaikote P.S. Case No. 117 of 2020”.

4. Let the same be corrected in the order dated 08.07.2024 and be read as “Kuchaikote P.S. Case No. 117 of

2020” in place of “Kuchaikote P.S. Case No. 504/34”.

5 . The order dated 08.07.2024 is modified to the extent as indicated above.

6 . Further, the time to surrender in the court below is hereby extended by two weeks from the date of receipt/communication of a copy of this order.

7 . Consigned.

(Sandeep Kumar, J)

Shishir/-