Shri Kant Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44794 of 2018 In Criminal Miscellaneous No.51130 of 2017 Arising Out of PS. Case No.- 412 Year- 2017 Thana- Nagar, District- Nawada ====================================================== Shri Kant Sao, son of Krishna Prasad, resident of Mahadeo Asthan, Bihari Road, Police Station-Hilsa, District-Nalanda (Shri Kant Sao, son of late Chandrika Sao, resident of village-Bhadaul, Police Station-Hilsa, DistrictNalanda) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

None.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 24-08-2018 By filing this petition, the petitioner seeks modification of the order dated 9.11.2017 passed in Cr. Misc. No.51130 of 2017 as it is stated that inadvertently in the petition filed for grant of bail he has given wrong parentage of the accused petitioner Shri Kant Sao. He has given father name as 'Krishna Prasad'. It is contended that in fact he is father of coaccused Jitendra @ Bare, resident of Mahadeo Asthan, Bihari Road, P.S.-Hilsa which would be evident from the accused column of the FIR which has been appended with this petition. However, from the accused column, it is not clear whether the name of the accused is Shri Kant Sao or not. To that, learned counsel has shown from the order dated

Patna High Court Cr.Misc. No.44794 of 2018(2) dt.24-08-2018 2/2 29.07.2017 passed by the learned Additional Sessions Judge-II, Nawada wherefrom, it is apparent that the same has been filed on behalf of accused Rajbabbar @ Gobra and Shrikant Sao. In the fardbeyan also, he has been shown as Shrikant Sao, son of late Chandrika Prasad, resident of Bhadaul, P.S.-Hilsa. It is contended that for that reason, he has not been able to furnish the bail bond.

None has appeared on behalf of the State to oppose this prayer.

This application is being disposed of with a direction to the court below that it will first verify the parentage of the petitioner Shrikant Sao from the records of the case concerned and if it appears that he is Shrikant Sao, son of Late Chandrika Prasad, resident of village- Bhadaul, Police Station- Hilsa, District- Nalanda then his bail bond would be accepted by the court below in terms of the order dated 9.11.2017. To that extent, the order no.2 dated 09.11.2017 stands modified.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T