Allowed¶20

Vikash Yadav @ Vikash Kumar v. The State of Bihar

Anticipatory bail – modification of order

Patna HC18 Apr 2025CR. MISC./24535/2025

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Case brief

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What is this about?

Vikash Yadav @ Vikash Kumar; Vano Yadav; Khairi; Tetarhat; Lakhisarai; Excise P.S. Case No. 873c2 of 2024; Excise P.S. Case No. 813c2 of 2024; anticipatory bail; modification of order; typographical/clerical error; extension of surrender time; four weeks; Cr. Misc. No. 6429 of 2025; CRIMINAL MISCELLANEOUS No.24535 of 2025; Khatim Reza; Patna High Court; 18-04-2025

What did the court decide?

Modification of paragraphs 2 and 6 of the order dated 19.02.2025 in Criminal Miscellaneous Case No. 6429 of 2025 so that 'Excise P.S. Case No. 813c2 of 2024' is read as 'Excise P.S. Case No. 873c2 of 2024'; extension of the time to surrender before the learned court below by a further four weeks; the remaining conditions of the bail order unchanged. ¶20

Vikash Yadav @ Vikash Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether paragraphs 2 and 6 of the order dated 19.02.2025 passed in Criminal Miscellaneous Case No. 6429 of 2025 should be modified to correct the inadvertently typed police case number ('Excise P.S. Case No. 813c2 of 2024' instead of 'Excise P.S. Case No. 873c2 of 2024') and to extend the time granted to the petitioner to surrender before the court below.

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Court's answer

Paragraphs 2 and 6 of the order dated 19.02.2025 passed in Criminal Miscellaneous Case No. 6429 of 2025 stand modified to the extent of correcting the case number.

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Ratio / Principle

The erroneously typed 'Excise P.S. Case No. 813c2 of 2024' in paragraphs 2 and 6 of the order dated 19.02.2025 shall be read as 'Excise P.S. Case No. 873c2 of 2024'.

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Key takeaways

The period for surrender of the petitioner before the learned court below is extended by a further four weeks from the date of this order; the rest of the conditions stipulated in the order dated 19.02.2025 remain the same.ratio¶18
The modification application is allowed.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — modification of order — typographical error in case number. In a modification application arising out of the anticipatory bail granted by order dated 19.02.2025 in Criminal Miscellaneous Case No. 6429 of 2025 (Vikash Yadav @ Vikash Kumar v. The State of Bihar) in connection with Excise P.S. Case No. 873 of 2024, Thana Excise P.S., District Lakhisarai, the Patna High Court (Khatim Reza, J.) found that 'Excise P.S. Case No. 813c2 of 2024' had been typed instead of 'Excise P.S. Case No. 873c2 of 2024' in the bail application and consequently in paragraphs 2 and 6 of the earlier order. The Court modified those paragraphs, directed that the case number be read as 'Excise P.S. Case No. 873c2 of 2024', extended the petitioner's time to surrender before the learned court below by a further four weeks, and left the rest of the bail conditions unchanged. Modification application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24535 of 2025

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CRIMINAL MISCELLANEOUS No.6429 of 2025

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Arising Out of PS. Case No.-873 Year-2024 Thana- Excise P.S. District- Lakhisarai

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

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Vikash Yadav @ Vikash Kumar S/O Vano Yadav R/O Village- Khairi, P.STetarhat, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabi Bhushan, Advocate For the Opposite Party/s : Mr. Nityanand, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 18-04-2025

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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 the order dated 19.02.2025 passed in Cr. Misc. No. 6429 of 2025, by which the petitioner was granted anticipatory bail in connection with Excise P.S. Case No. 813c2 of 2024, pending in the Court of the learned Additional District & Sessions Judge- IInd-cum- Special Excise Court- IILakhisarai and the petitioner was directed to surrender before the learned court below within a period of six weeks and furnish bail bonds.

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Learned counsel for the petitioner submits that due to inadvertence ‘Excise P.S. Case No. 813c2 of 2024’ has been

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Patna High Court CR. MISC. No.24535 of 2025(2) dt.18-04-2025 2/2

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typed instead of ‘Excise P.S. Case No. 873c2 of 2024’ in para first and prayer portion of his bail application in Criminal Miscellaneous Case No. 6429 of 2025. Consequently, ‘Excise P.S. Case No. 813c2 of 2024’ has been typed in paragraph no. 2 & 6 of order dated 19.02.2025 passed in Criminal Miscellaneous Case No. 6429 of 2025.

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Accordingly, the paragraph no. 2 & 6 of order dated 19.02.2025 passed in Criminal Miscellaneous Case No. 6429 of 2025 stands modified to the aforesaid extent and the period for surrender of the petitioner in the learned court below is extended for a further period of four weeks from today. The rest of the conditions stipulated in the order will be the same.

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Let the ‘Excise P.S. Case No. 813c2 of 2024’ mentioned in paragraph no. 2 & 6 of order dated 19.02.2025 passed in Criminal Miscellaneous Case No. 6429 of 2025 be read as ‘Excise P.S. Case No. 873c2 of 2024’

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This modification application stands allowed.

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(Khatim Reza, J)

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Sankalp/-

Vikash Yadav @ Vikash Kumar v. The State of Bihar

Case brief

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Vikash Yadav @ Vikash Kumar v. The State of Bihar

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