IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7672 of 2011 SANJAY SINGH @ MEET, Son of Yugal Kishore Singh, Resident of Village-Rana Bigha, P.S. Barh, District-Patna. ………Petitioner Versus THE STATE OF BIHAR ………Opp. Party ----------- 2/ 23.03.2011 Heard learned counsel appearing on behalf of the petitioner. No body appears on behalf of the State of Bihar to oppose this application. The present petition has been filed for modification of order dated 07.10.2010, passed in Cr. Misc. No. 37127 of 2010, whereby the petitioner was granted bail in connection with Gandhi Maidan P.S. Case No. 80 of 2002 corresponding to G.R. No. 1002 of 2002. Apparently, first information report was lodged in connection with aforesaid case under Section 364-A of the Indian Penal Code. The petitioner was not named in the first information report as accused. Subsequently, on the basis of charge- sheet, cognizance was taken against the petitioner, besides others, under Sections 364(A),120 (B)/34 of the India Penal Code. 2 In compliance of order dated 07.10.2010, passed in Cr. Misc. No. 37127 of 2010, Smt. Rachana Srivastava, learned Judicial Magistrate, 1st Class, Patna has erroneously enlarged the petitioner on provisional bail by an order dated 27.10.2010, instead of enlarging him on confirmed bail. It appears that the learned Magistrate is hyper technical. She has completely failed to apply her judicial mind to the facts and tenor of the order dated 07.10.2010, passed in Cr. Misc. No.37127 of 2010. The order dated 07.10.2010 speaks about registration of the case under Section 364-A of the Indian Penal Code and does not mention about order taking cognizance. Probably, she is either very careless in applying her judicial mind or she lacks judicial ability to appreciate the tenor of the order passed by this Court. There is absolutely no ambiguity in the order dated 07.10.2010 passed by this Court. Even if there is no mention about the provisions of law under which cognizance has been taken 3 against the petitioner in the criminal case, it does not mean that order dated 07.10.2010 was incomplete and requires any modification. It is hoped that, in future, learned Magistrate shall be careful and shall not commit such apparent mistake. Provisional bail granted to the petitioner by an order dated 27.10.2010 by the learned Magistrate must be confirmed in the light of order dated 07.10.2010, passed in Cr. Misc. No. 37127 of 2010. With the aforesaid observations and directions, the present petition for modification stands disposed of. Let this order be communicated to the court below through FAX at the cost of the petitioner. Anjani/ ( Birendra Prasad Verma, J.)