Rupesh Kumar Patel @ Rupesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18318 of 2020 (Arising out of Criminal Miscellaneous No. 74435 of 2019) ====================================================== Rupesh Kumar Patel @ Rupesh Patel aged about 24 Years, (Male), son of Late Bacha Kumar Rai @ Late Ramesh Patel, R/o Village Hathiaul, Ward No. 5, PS Balra, District Sarlahi, (Nepal) permanent address-Son of Late Ramesh Patel, r/ o village-Gohmariya, Ward No. 10, PS Malangwa, District-Sarlahi(Nepal). ... ... Petitioner/s

Versus

1.The State of Bihar.

2.Union of India through DRI, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :Mr. Ashok Kumar Jha, Adv For the Opposite Party/s :Mr. Uday Pratap Singh, APP/SPP ====================================================== The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 2 15-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

This Criminal miscellaneous petition has been filed for modification of order dated 21.01.2020 passed in Criminal Miscellaneous No. 74435 of 2019, by which petitioner was granted regular bail but due to different address mentioned in his remand order he could not be released on bail as petitioner had given his temporary address in the bail petition which was incorporated in the order granting bail.

Petitioner had given his address in Criminal Miscellaneous No. 74435 of 2019 as, Rupesh Kumar Patel @ Rupesh Patel son of late Bacha Kumar Rai @ Ramesh Patel R/O Village-Hathiaul, Ward No. 5, PS Balra, District

Sarlahi (Nepal). However, in remand order his address was given as r/o village-Gohmariya, Ward No. 10, PS Malangwa, District-Sarlahi (Nepal) but inadvertently said address was not given in Criminal Miscellaneous No. 74435 of 2019, and learned court below issued release order but the jail authorities could not release him due to difference in address. Accordingly, the address of petitioner as given in order dated 21.01.2020 passed in Criminal Miscellaneous No. 74435 of 2019 is modified as , Son of Late Ramesh Patel r/o village-Gohmariya, Ward No. 10, PS Malangwa, DistrictSarlahi (Nepal). The order dated 21.01.2020 passed in Criminal Miscellaneous NO. 74435 of 2019 is modified to the extent indicated above.

(S. Kumar, J) Ranjan U