Patna High CourtCR. MISC./26388/2023allowed

Sonu Kumar v. The State Of Bihar

2023-04-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26388 of 2023 In CRIMINAL MISCELLANEOUS No.17749 of 2023 Arising Out of PS. Case No.-562 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== Sonu Kumar Son of Sri Sanjay Kumar @ Sanjay Singh R/V- Daili, PSHarnaut Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in Harnaut P.S. Case No.562 of 2021. He submits that in the bail application of Cr. Misc. No.17749 of 2023 Addl. District & Sessions Judge II, Nalanda at Biharsharif has been typed instead of Assistant Sessions Judge-I Nalanda at Biharsharif. As such the order dated 22.03.2023 passed in Cr. Misc. No.17749 of 2023 could not be implemented and petitioner is still in custody. Counsel submits that since mistake has taken place by the petitioner in the bail application itself due to which name of wrong Court has been typed in the order sheet. He submits that there is no provision of amendment in the petition after disposal

Patna High Court CR. MISC. No.26388 of 2023(2) dt.19-04-2023 2/2 of the case. Therefore, he filed the fresh application under Section 482 of Cr.P.C.

In this background, it is directed that order dated 22.03.2023 be modified as name of petitioner Sonu Kumar, Son of Sri Sanjay Kumar @ Sanjay Singh be figured in the cause title of the order sheet and in the second page, the name of Addl. District & Sessions Judge II, Nalanda at Biharsharif be modified as Assistant Sessions Judge-I, Nalanda at Biharsharif. Accordingly, the order dated 22.03.2023 passed in Cr. Misc. No. 17749 of 2023 is hereby modified and the order passed today shall be part and parcel of the order dated 22.03.2023.

With this direction, the modification is hereby allowed.

(Dr. Anshuman, J.) prakashmani/- U T