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Patna High CourtCR. MISC./47569/2017allowed

Awanish Kumar @ Dabble And ORS v. The State Of Bihar

2017-10-11Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47569 of 2017 ======================================================

1. Awanish Kumar @ Dabble, Son of Ramtapasya Singh,

2. Shailesh Kumar S/o Bachchu Singh,

3. Kundan Kumar S/o Ram Tapasya Singh,

4. Bachcha Singh S/o Late Chandradeo Singh,

5. Minku Kumar @ Barhu S/o Late Sabindra Singh, All R/o Village- Saraiya, P.S.- Shakurabad, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Shally Kumari, Advocate. For the Opposite Party/s : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the Petitioners and the State.

The instant application has been filed for modification of the order dated 22.08.2017 passed in Cr. Misc. 33535 of 2017. Learned counsel for the petitioners has submitted that they were allowed anticipatory bail, vide order dated 22.08.2017 passed by this Court in Cr. Misc. 33535 of 2017. However, due to inadvertence, the address of the petitioners has wrongly been mentioned in the original bail petition, as "All resident of Mohalla Purbi Unta, Gandhi Nagar, P.S. Shakurabad, Distt. Jehanabad, in place of "village Saraiya, P.S. Shakurabad, Distt. Jehanabad" as a result of which, wrong address of the petitioners

Patna High Court Cr.Misc. No.47569 of 2017 (6) dt.11-10-2017 2/3 has been mentioned in the cause title of the order dated 22.08.2017 passed in Cr. Misc. No. 33535 of 2017. It has been submitted on behalf of the petitioners that in the First Information Report, the address of the petitioners has been mentioned as village Saraiya, P.S. Shakurabad, Distt. Jehanabad, but due to wrong address mentioned in the order dated 22.08.2017 passed in Cr. Misc. No. 33535 of 2017, the bail bonds of the petitioner could not be accepted. Therefore, he seeks further time to surrender the petitioners before the court below. Learned counsel for the petitioners is permitted to make necessary correction in the cause title of the original bail petition.

In such circumstances, the order dated 22.08.2017 passed in Cr. Misc. 33535 of 2017 is modified to the extent that in place of the address of the petitioners as mentioned in the cause title of the aforesaid order as "All resident of Mohalla Purbi Unta, Gandhi Nagar, P.S. & Distt. Jehanabad", be read as "All resident of village Saraiya, P.S. Shakurabad, Distt. Jehanabad". The time of surrendering the petitioners in the court below is extended by another six weeks.

This Modification application stands allowed. Let this order be communicated to the Chief Judicial

Patna High Court Cr.Misc. No.47569 of 2017 (6) dt.11-10-2017 3/3 Magistrate, Jehanabad, in connection with Shakurabad P.S. Case No. 33 of 2017.

(Sanjay Priya, J) S.Ali/- U T