Patna High CourtCR. MISC./7394/2022disposed

Akash Kumar @ Akash Singh v. The State Of Bihar

2022-02-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7394 of 2022 In CRIMINAL MISCELLANEOUS No.32707 of 2021 Arising Out of PS. Case No.-397 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Akash Kumar @ Akash Singh Son of Sri Laldeo Singh Resident of VillageMinapur Kharadi Tola, Ward No.33, P.S.- Hajipur, District- Vaishali, State, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard Shri N.K. Agarwal, learned senior counsel for the petitioner and Shri Brajendra Nath Pandey, learned A.P.P. for the State through virtual court proceedings.

Learned senior counsel for the petitioner submits that the petitioner was granted bail vide order dated 10.01.2022 in Cr. Misc. 32707 of 2021 with a condition that one of the bailor shall be the father of the petitioner. It is submitted that inadvertently at the time when the order was recorded, the fact that the father of the petitioner is also an accused in the case could not be brought to the notice of the Court, thus the learned senior counsel for the petitioner seeks modification of the order dated 10.01.2022 passed in Cr. Misc. No. 32707 of 2021.

Patna High Court CR. MISC. No.7394 of 2022(2) dt.16-02-2022 2/2 In view of the submissions made by the learned senior counsel for the petitioner and the pleadings made in the modification application, the order dated 10.01.2022 passed in Cr. Misc. No. 32707 of 2021 is modified to be read as 'one of the bailor shall be the maternal cousin of the petitioner (Ankit Kumar Verma)' instead of 'one of the bailor shall be the father of the petitioner'.

Learned senior counsel further submits that in the order dated 10.01.2022 the date of custody of the petitioner is mentioned as 03.07.2021 when the petitioner is in jail since 07.03.2021, as such the order dated 10.01.2022 is also modified to the extent that the same should be read as - the petitioner is in custody since 07.03.2021 instead of petitioner is in custody since 03.07.2021.

The order dated 10.01.2022 in Cr. Misc. No. 32707 of 2021 is modified to the extent indicated above. (Satyavrat Verma, J) Rishi/- U T