Nand Kishore Rai @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13124 of 2020 In CRIMINAL MISCELLANEOUS No.73963 of 2019 Arising Out of PS. Case No.-277 Year-2019 Thana- KHUSRUPUR District- Patna ============================================== NAND KISHORE RAI @ BABA S/o Hari Rai R/o village- Jarua, P.S.- Town Thana Hajipur, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The present modification application has been filed for modification of order dated 24.01.2020 passed by a Bench of this Court in Criminal Miscellaneous No. 73963 of 2019.

Learned counsel for the petitioner submits that wrongly, the name of the father of petitioner was stated as late Vishwa Nath Rai though the name of his father is late Hari Rai.

However, in the present petition no proof of the

Patna High Court CR. MISC. No.13124 of 2020(2) dt.02-07-2020 2/2 fact that the petitioner is the son of late Hari Rai, has been brought on record.

Though the order dated 24.01.2020 is modified to the extent that the name of the father of the petitioner be read as late Hari Rai instead of late Vishwa Nath Rai but when the petitioner would surrender before the Court below to seek bail, the Court below shall insist for a proof of the fact that the petitioner is the son of late Hari Rai. The order stands modified to the extent indicated above.

The modification application stands disposed of accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T