Ashok Kumar Rai @ Ashok Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38621 of 2021 In CRIMINAL MISCELLANEOUS No.40155 of 2020 Arising Out of PS. Case No.-313 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== ASHOK KUMAR RAI @ ASHOK RAI Son of Yougeshwar Rai Resident of Village- Bhindua, P.S.- Kusheshar Asthan, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard Mr. Md. Harun Quareshi, learned Advocate for the petitioner and Mr. Arun Kumar, learned APP for the State.
The petitioner seeks modification of the order dated 10.06.2021 passed in Cr. Misc. No. 40155 of 2020, so far as the name of the father of the petitioner as well as the name of the court below are concerned. Inadvertently, the parentage of the petitioner and the name of the court below were wrongly typed in the bail petition.
In place of Yougeshwar Rai, father's name of the petitioner was typed as Yogendra Rai and the name of the court below was typed as learned Additional Sessions Judge-II, Benipur, Darbhanga in place of
Patna High Court CR. MISC. No.38621 of 2021(2) dt.04-08-2021 2/2 Additional Chief Judicial Magistrate-IV, Biraul, Darbhanga.
Precisely for this reason, the petitioner could not surrender before the court below within time to take the advantage of the order.
The order dated 10.06.2021 is modified to the extent that the name of the father of the petitioner and the name of the court below be read as 'Yougeshwar Rai' and 'Additional Chief Judicial Magistrate-IV, Biraul, Darbhanga'.
If the petitioner, above named, surrenders before the learned court below within a period of four weeks from today, he will be accorded the privilege under the order dated 10.06.2021 with the same terms and conditions.
With the aforesaid modification, the application stands allowed.
(Ashutosh Kumar, J) krishna/- U T