Madan Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 706 of 2015 =================================================== Madan Kumar Singh, Son of Late Ramdeo Singh, Resident of Village-Khaira Tol, Dulipatti, P.S.-Jainagar, DistrictMadhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad, Adv. For the Opposite Party/s: Mr. Binod Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03.

18.02.2015 Learned Counsel for the Opposite Parties is permitted to make correction in Paragraph 7 of the Modification Petition.

The Petitioner seeks modification of the order dated 19.11.2014 passed in Cr. Misc. No. 42312 of 2013 so far as the Opposite Parties No. 5 and 6 is concerned. It has been submitted that the bail bonds of Opposite Parties No. 5 and 6 have been cancelled by the aforesaid order on the ground that they had not mentioned that they had been convicted in a case instituted under Section 307 IPC. The categorical submission in Paragraph 7 of the modification petition is that the Opposite Parties No. 5 & 6 were not accused in the previous case in which other Opposite Parties were convicted.

Evidently, the order dated 19.11.2014 was

Patna High Court Cr.Misc. No.706 of 2015 (3) dt.18-02-2015 passed on a misconception of facts and it would be in the interest of the justice that the order on behalf of the Opposite Parties No. 5 & 6 namely Ashok Kumar Yadav @ Ram Sagar @ Ram Sagar Yadav @ Ashok and Ram Kumar @ Ram Kumar Yadav respectively be ignored.

The Modification Application stands allowed.

Let this order be communicated to the Additional Sessions Judge-III, Madhubani in connection with S.Tr. No. 50 of 2013 arising out of Jainagar P.S. Case No. 127 of 2012.

Vikash/- (Anjana Prakash, J.) U T