Awadh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15480 of 2017 ====================================================== Awadh Ram, Son of Chhaku Mochi @ Chhaku Ram, resident of village - Sholay Tole, Jaynagar, P.S. Patan, District - Palamu ( Jharkhand ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate. Mr. Rohit Kumar, Advocate.

For the Opposite Party/s : Mr. ndra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2017 Let supplementary affidavit filed on behalf of the petitioner today, be kept on the record.

This application has been filed for modification of the order dated 15.2.2017 passed by this Court in Cr. Misc. 364 of 2017. It has been submitted that due to mistake of learned counsel for petitioner the father's name and village of the petitioner has wrongly been mentioned in original bail application of Cr. Misc. 364 of 2017 as "Chhaku Ram, resident of village Tola Jaynagar (Near Patan)" whereas it should have been "son of Chhaku Mochi @ Chhaku Ram, resident of village Sholay Tole, Jaynagar, P.S. Patan, resulting which in the cause title in the order dated 15.2.2017 passed in Cr. Misc. 364 of 2017, the father's name of the petitioner and the resident of village has been written as "Chhaku Ram, resident of village Tola Jaynagar (Near Patan.)"

Patna High Court Cr.Misc. No.15480 of 2017 (3) dt.10-04-2017 2/2 It has been submitted that in the charge sheet submitted by the police, father's name of the petitioner has been mentioned as Chhaku Mochi @ Chhaku Ram, resident of village Sholay Tole, Jaynagar, P.S. Patan, Distt. Palamu (Jharkhand). He has also filed certified copy of the order of learned court below dated 28.2.2017 annexed as Annexure-3 to the supplementary affidavit to certify the fact.

In such circumstances, let the father's name and residence of village of the petitioner as mentioned in the order dated 15.2.2017 passed in Cr. Misc. 364 of 2017, be read as "son of Chhaku Mochi @ Chhaku Ram, resident of village Sholay Tole, Jaynagar, P.S. Patan", in place of "son of Chhaku Ram, resident of village Tola Jaynagar (Near Patan)".

The order dated 15.2.2017 passed in Cr. Misc. 364 of 2017 is modified to the aforesaid extent.

Let this order be communicated to the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 16 of 2016.

(Sanjay Priya, J) S.Ali/- U T