Patna High CourtCR. MISC./6736/2015disposed

Nawal Mishra @ Nawal Kishore Mishra And ORS v. The State Of Bihar

2015-03-18Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6736 of 2015 ====================================================== Nawal Mishra @ Nawal Kishore Mishra and Others S/o Chandeshwar Mishra Village - Pirhi, P.S. Babubarhi Madhubani. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar, Advocate.

For the State : Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present application has been filed for modification of the order dated 04.02.2015 passed in Cr. Misc. No. 46378 of 2014 by which though the petitioners were granted bail along with two others but have not been released in view of some error in the order.

Learned counsel submits that due to inadvertence, it could not be typed in the petition that father of petitioner no. 3 (Lalan Thakur @ Shyamanand Thakur) is dead and further the name of father of petitioner no. 4 (Raja Thakur @ Raja Kumar Thakur @ Raj Kumar Thakur) has been wrongly typed as 'Muneshwar Thakur' instead of 'Bhubneshwar Thakur'. It is submitted that the father of petitioner no. 3 being dead, the condition that he shall be one of the bailors cannot be fulfilled and requires

Patna High Court Cr.Misc. No.6736 of 2015 (2) dt.18-03-2015 2/2 modification.

Learned A.P.P. does not oppose the prayer.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, one of the conditions that the father shall be the bailor relating to petitioner no. 3, namely Lalan Thakur @ Shyamanand Thakur in order dated 04.02.2015 passed in Cr. Misc. No. 46378 of 2014 is modified to the extent that one of the bailors shall be his elder brother namely, Ramanand Thakur. Similarly, the name of the father of petitioner no. 4 be reads as 'Bhubneshwar Thakur' instead of 'Muneshwar Thakur' in the said order.

The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) Anand Kr.

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