BIPIN PANJIYAR @ BIPAT PANJIYAR vs THE STATE OF BIHAR - 2024-01-08

O R D E R

Leave granted.

Heard Mr. Prem Prakash, learned counsel appearing for the appellants. The State of Bihar is represented by Mr. Rahul Kumar Gupta, learned counsel.

Notice in this case was issued on 06.12.2023 with the following order:

“The three petitioners are the beneficiaries of the anticipatory bail order passed by the High court on 24.05.2023 (Annexure P-2) in the Criminal Miscellaneous No.32455 of 2023. The address in the said bail application for the three petitioners was incorrectly reflected and that is how an application i.e., Criminal Miscellaneous No.57397 of 2023 for correction of the address was filed before the High Court (Annexure P-3). But this application came to be rejected under the impugned order dated 25.08.2023.

2. Mr. Prem Prakash, learned counsel in support of the contention made before us on 20.11.2023 to explain how the wrong address was typed in the petition, refers to the FIR No.188/2022 dated 14.10.2022 to say that there were five accused named in the said FIR where the petitioners were respectively arrayed as A2, A3 and A4. Just after them, the name of Munna Yadav (A5) is reflected and inadvertently, the address of the A5 was shown in the Criminal Miscellaneous No.32455 of 2023. Accordingly, it is argued that the High Court should have favourably considered the Criminal Miscellaneous No.57397 of 2023 filed thereafter for correction of the address of the accused.

3. Issue notice, returnable in four weeks.

4. Mr. Piyush Vats, learned counsel accepts notice for the State of Bihar and he prays for and is granted three weeks’ time to obtain instruction.”

There is adequate explanation as can be seen from the above, on how the addresses of the appellants were wrongly typed in the anticipatory bail application. In our opinion, the High Court erred in passing the impugned order dated 25.08.2023 disallowing the application filed by the appellants to correct their respective addresses in the anticipatory bail application moved before the High Court.

Accordingly, this appeal and the Criminal Miscellaneous No. 57397 of 2023 are allowed allowing the address correction. It is ordered accordingly. Consequently, the addresses of the appellants – Bipin Panjiyar @ Bipat Panjiyar, Chandan Panjiyar and Jitan Panjiyar should be read as what was mentioned in the FIR.

Pending application(s), if any, shall stand closed.

..................J.

(HRISHIKESH ROY)

..................J.

(PRASHANT KUMAR MISHRA)

NEW DELHI;

JANUARY 08, 2024.

ITEM NO.10 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 14683/2023

(Arising out of impugned judgment and order dated 25-08-2023 in CRLM No. 57397/2023 passed by the High Court of Judicature at Patna)

BIPIN PANJIYAR @ BIPAT PANJIYAR & ORS. Petitioner(s)

VERSUS THE STATE OF BIHAR Respondent(s)

(IA No. 244915/2023 - EXEMPTION FROM FILING O.T.

IA No. 244914/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/

ANNEXURES)

Date : 08-01-2024 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Prem Prakash, AOR Ms. Aishvarya, Adv.

Ms. Deepali Nanda, Adv.

For Respondent(s) Mr. Rishi K Awasthi, Adv.

Mr. Piyush Vatsa, Adv.

Ms. Ritu Arora, Adv.

Mr. Amit Awasthi, Adv.

Ms. Yukti Anand, Adv.

Mr. Usman Khan, Adv.

Mr. Avinash Ankit, Adv.

Mr. Rahul Kumar Gupta, Adv.

Mr. Shubham Saxena, Adv.

Mr. Punit Vinay, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal and the Criminal Miscellaneous No. 57397 of 2023 are allowed in terms of the signed order.

Pending application(s), if any, shall stand closed.

(NITIN TALREJA) (KAMLESH RAWAT)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

(Signed order is placed on the file)