Patna High CourtCR. MISC./29433/2016disposed

Rabindra Yadav @ Rabindra Kumar Yadav And ORS v. The State Of Bihar

2016-09-05Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.29433 of 2016 (3) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29433 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Rabindra Yadav @ Rabindra Kumar Yadav.

2. Satyendra Yadav @ Satyendra Singh.

3. Jitendra Yadav. All sons of Ramyash Yadav Village- Shadaipur P.O.+ P.S.- Gahmar, District- Ghazipur (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-09-2016 Heard Mr. Neeraj Kumar @ Sanidh for the petitioner.

No one has appeared on behalf of the State.

The application has been listed at the instance of the petitioner. A supplementary affidavit is filed. It is stated referring to the averments made in the supplementary affidavit that by mistake, it was stated that petitioner no. 2 (Satyendra Yadav) during pendency of the case was arrested. In fact, petitioner no. 3 (Jitendra Yadav) was arrested. He placed entire order dated 05.09.2016. Considering that it was a mistake on the part of the counsel the order dated 05.09.2016 is modified to the extent that

Patna High Court Cr.Misc. No.29433 of 2016 (3) dt.17-09-2016 the said application on behalf of the petitioner no. 3 instead of petitioner no. 2 stands withdrawn as having become infructuous. Consequently, the order dated 05.09.2016 passed in Cr. Misc. No. 29433 of 2016 is also modified to the extent that in the last paragraph of the said order at line no. 3, the words "petitioner nos. 1 and 3 namely Rabindra Yadav @ Rabindra Kumar Yadav and Jitendra Yadav" shall be substituted by the following: "The petitioner nos. 1 and 2 namely, Rabindra Yadav @ Rabindra Kumar Yadav and Satyendra Yadav @ Satyendra Singh".

Further instead of "(04) weeks" at line no. 4 of the said order, it shall be read as "(05) weeks". The order dated 05.09.2016 passed in the said case is modified to the extent indicated.

(Kishore Kumar Mandal, J) rohit/- U T