Ram Kumar Thakur And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13528 of 2017 ======================================================

1. Ram Kumar Thakur, son of Late Rajeshwar Thakur.

2. Vijay Thakur alias Vijay Kumar Thakur, son of Late Ram Baran Thakur.

3. Ajay Thakur, son of Late Ram Baran Thakur.

4. Deepak Thakur, son of Arvind Thakur.

5. Ranjeet Thakur, son of Late Narayan Thakur.

6. Krishna Kumar Thakur, son of Late Shiv Shankar Thakur.

7. Balram Thakur, son of Late Shiv Shankar Thakur.

8. Amit Thakur, son of Shyam Nandan Thakur.

9. Dharmanand Thakur, son of Ghananand Mahto.

10. Nityanand Thakur, son of Late Shiv Shankar Thakur. All resident of village-Barahsher, Police Station-Birha, District-Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 12-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

This application has been filed for modification in the order dated 01.03.2017 passed in Criminal Misc. No.2455 of 2017 by this Court with regard to the father's name of the petitioner no.1 and the name of the petitioner no.6 in the cause title of the aforesaid order.

It appears that vide order dated 01.03.2017 passed in Criminal Misc. No.2455 of 2017 by this Court, the petitioners

Patna High Court Cr.Misc. No.13528 of 2017 (2) dt.12-04-2017 2/3 were directed to be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from that date, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Bihra P.S. Case No.72 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Learned counsel for the petitioners submits that due to wrong mentioning of the father's name of the petitioner no.1 as "Late Ram Baran Thakur" in place of "Late Rajeshwar Thakur" in Criminal Misc. No.2455 of 2017, the father's name of the petitioner no.

1 has been typed as "Ram Baran Thakur" in place of "Late Rajeshwar Thakur" in the cause title of the aforesaid order dated 01.03.2017 passed in Criminal Misc. No.2455 of 2017 by this Court whereas inadvertently, in the cause title thereof, the name of the petitioner no.6 has wrongly been typed as "Krishna Thakur" in place of "Krishna Kumar Thakur" and prays for modification in the aforesaid order dated 01.03.2017 passed in Criminal Misc. No.2455 of 2017 by this Court with regard to the same.

In that view of the matter, in the cause title of the aforesaid order dated 01.03.2017 passed in Criminal Misc.

Patna High Court Cr.Misc. No.13528 of 2017 (2) dt.12-04-2017 3/3 No.2455 of 2017 by this Court, the father's name of the petitioner no.1 be read as "Late Rajeshwar Thakur" in place of "Late Ram Baran Thakur" and the name of the petitioner no.6 be read as "Krishna Kumar Thakur" in place of "Krishna Thakur". The order dated 01.03.2017 passed in Criminal Misc. No.2455 of 2017 by this Court is modified to the aforesaid extent only.

This application is, accordingly, allowed.

The period of surrender of the petitioner nos.1 and 6, above named, in connection with the aforesaid case, in the court below, is further extended for a further period of four weeks from today.

(Rajendra Kumar Mishra, J) P.S./- U T