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Patna High CourtCR. MISC./17866/2024allowed

Kaju Kumar v. The State Of Bihar

2024-03-20Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17866 of 2024 In CRIMINAL MISCELLANEOUS No.64680 of 2023 Arising Out of PS. Case No.-306 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Kaju Kumar S/o Sanjay Chaudhary R/O Village Sirodabar, P.S. Rajauli, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-03-2024 Heard Mr. Pramod Kumar Verma, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks modification of the order dated 17.10.2023 passed in Cr. Misc. No. 64680 of 2023 whereby this Court has been pleased to allow the prayer for bail of the petitioner. It is contended that on account of sheer mistake in the name of the father and the address of the petitioner, it has been inadvertantly typed as Kaju Kumar, S/o Bangali Chaudhary resident of village Akbarpur Hat Par, P.S. Akbarpur, District Nawada in place of Kaju Kumar, aged about 18 years (Male), S/o Sanjay Chaudhary, resident of village Sirodabar, P.S. Rajauli, District Nawada due to which the bail bond of the petitioner could not be accepted.

3. This Court has perused the earlier bail application

Patna High Court CR. MISC. No.17866 of 2024(2) dt.20-03-2024 2/2 as well as the present modification petition. Prima facie, it appears that a glaring mistake has been done however, the learned counsel for the petitioner submits at the Bar that the mistake was done on the part of the deponent as well as the concerned advocate and thus an unconditional apology is sought for.

4. Considering the averments made in the modification application and an unconditional apology tendered by the deponent as well as the learned counsel for the petitioner, this Court modify the order dated 17.10.2023 passed in Cr. Misc. No. 64680 of 2023. Let the name of the petitioner, his father's name and address, in the cause title, be read as Kaju Kumar, aged about 18 years (Male), S/o Sanjay Chaudhary, resident of village Sirodabar, P.S. Rajauli, District Nawada, subject to payment of cost of Rs. 10,000/- to the Patna High Court, Legal Services Committee preferably within a period of 2 weeks. Accordingly, the time of surrender and furnishing bail bond be extended for a further period of 4 weeks.

5. The order stands modified to the extent indicated above.

(Harish Kumar, J) supratim/- U T