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Patna High CourtCR. MISC./32404/2019allowed

Sagar Singh @ Sagar Kumar v. The State Of Bihar

2019-06-19Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32404 of 2019 In CRIMINAL MISCELLANEOUS No.12374 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- MUFFASIL District- Aurangabad ====================================================== Sagar Singh @ Sagar Kumar S/o Sanjay Singh R/o village- Bharthauli, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-06-2019 The petitioner no. 3 along with others was granted bail by order dated 05.03.2019 passed in Cr. Misc. No. 12374 of 2019.

The present application for modification of the order referred to above has been filed for making correction in the name of the father of the petitioner no. 3.

It appears that inadvertently the father's name of the petitioner no. 3 has been shown as Rajesh Singh whereas petitioner no. 3 is the son of Sanjay Singh who is resident of Village Bharthauli, P.S. Muffasil, District

Patna High Court CR. MISC. No.32404 of 2019(2) dt.19-06-2019 2/3 Aurangabad.

This Court is satisfied that the mistake is bonafide. The petitioner has also shown to this Court a copy of the Aadhar Card of petitioner no. 3 which indicates that he is son of Sanjay Singh.

Let the order dated 05.03.2019 be modified to the extent that the name of the father of petitioner no. 3 be changed from Rajesh Singh to Sanjay Singh. The order stands modified accordingly.

Let the corrected order be uploaded forthwith. Since the petitioner no. 3 could not surrender before the court below for seeking bail because of this mistake, the prayer for extension of time for surrendering before the court below is allowed. The order dated 05.03.2019 is further modified to the extent that if the petitioner above named, surrenders before the court below within a period of four weeks from today, he shall be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.32404 of 2019(2) dt.19-06-2019 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. With the aforesaid modification, the application stands allowed.

(Ashutosh Kumar, J) krishna/- U T