Patna High CourtCR. MISC./51748/2015disposed

Vakil Raut v. The State Of Bihar

2015-11-10Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51748 of 2015 ====================================================== Vakil Raut son of Sri Kapil Raut of Village- Shekha Bigha, P.s Buniyadganj, District Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 10-11-2015 This case filed for modification in the order dated 30.9.2015 in Cr.Misc.No. 40065/2015 has been brought under the heading 'to be mentioned' for correcting the name of the village of the petitioner as recorded in the aforesaid order dated 30.9.2015. Learned counsel for the petitioner submits that due to an error in reading by him the name of the village in handwritten F.I.R. giving impression of its being 'Therwa Bigha' in the petition filed by the petitioner for grant of anticipatory bail, Cr.Misc.No. 40065/2015 the name of the village of the petitioner was wrongly mentioned as 'Therwa Bigha' but the fact remains that the petitioner is resident of village 'Shekha Bigha' as sought to be corrected in the application filed by the petitioner in the present modification application.

Considering the aforementioned bonafide mistake on the part of the learned counsel for the petitioner and upon perusal of the F.I.R. this Court would direct that the name of the village of

Patna High Court Cr.Misc. No.51748 of 2015 (2) dt.10-11-2015 the petitioner in the order dated 30.9.2015 shall be read as 'Shekha Bigha' in place of 'Therwa Bigha' and the order of this Court dated 30.9.2015 shall, accordingly, stand modified to the aforementioned extent only.

Consequently the time for surrendering of the petitioner in the order dated 30.9.2015 is extended by a further period of four weeks.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U