Patna High CourtCR. MISC./45634/2024allowed

Shekhar Sahani v. The State Of Bihar

2024-08-23Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45634 of 2024 In CRIMINAL APPEAL (SJ) No.4859 of 2023 Arising Out of PS. Case No.-443 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Shekhar Sahani Son Of Dhaturi Sahani Resident Of Village - Chhapra, P.S. - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sharma, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2024

1. Mr. Suresh Prasad Sharma, learned counsel appearing for the appellant submits that he filed Cr. Appeal (SJ) No. 4859 of 2023 on behalf of the convict/appellant Shekhar Sahani at the direction of Patna High Court Legal Services Authority and on 14.03.2023 when the said appeal was taken up the petitioner due to mistake made the submission that the appellant himself has filed Cr. Appeal (SJ) No. 677 of 2018 but in fact, the said criminal appeal was filed by some other person namely, Shankar Mukhiya which may be verified from the High Court's Website and accordingly, there is only one appeal filed on behalf of the appellant Shekhar Sahani hence, he has filed the instant modification petition.

2. Considering the above submissions as well as

Patna High Court CR. MISC. No.45634 of 2024(4) dt.23-08-2024 2/2 having perused the details of the Cr. Appeal (SJ) No. 677 of 2018 available on the High court's Website. I find force in the above submission so the appellant's counsel unintentionally made mistake while making his submission in the Cr. Appeal (SJ) No. 4859 of 2023 and the appellant's appeal has been filed at the direction of Patna High Court Legal Services Authority. So considering these facts the appellant's prayer made in the instant petition is hereby allowed and the Cr. Appeal (SJ) 4859 of 2023 is directed to be restored to its original position.

3. Accordingly Cr. Misc. No. 45634 of 2024 is disposed of.

(Shailendra Singh, J) Rajiv/- U