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Patna High CourtCR. MISC./48993/2023allowed

Manu Kumar @ Monu Kumar v. The State Of Bihar

2023-08-02Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48993 of 2023 In CRIMINAL MISCELLANEOUS No.23142 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== MANU KUMAR @ MONU KUMAR SON OF UPENDRA MAHTO @ UPENDRA PRASAD PRESENT RESIDING AT AAM GHAT ROAD, NEAR NEW BRIDGE, NEW BARGANDA, GIRIDIH (JHARKHAND) AND PERMANENT RESIDENT OF VILLAGE - JASAULI PAKAULI, P.S. - PACHRUKHI, DISTRICT - SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2023 Heard the parties.

It is unfortunate that due to fault on the part of the learned counsel appearing in the present case, the petitioner are suffering.

The Cr. Misc. No. 23142 of 2022 was allowed on 16.01.2023.

Subsequently, modification petition was filed vide Cr. Misc. No. 26158 of 2023 stating that they could not surrender in time. The same was allowed subject to payment of Rs. 2,000 to the Patna High Court Legal Service Committee. Now a fresh modification petition has been filed in the same case stating that the father's name has been wrongly

Patna High Court CR. MISC. No.48993 of 2023(2) dt.02-08-2023 2/2 typed as Jagarnath Mahto instead of Upendra Mahto @ Upendra Prasad.

On an order passed on 16.01.2023 granting relief, the modification after modification have been filed. It clearly shows the way the original petitions are being filed by the learned counsel.

In view of the fact that due to the fault of learned counsel for the petitioner, he should not suffer, the present Cr. Misc. No. 48993 of 2023 is allowed subject to payment of Rs. 2,000/- to the Patna High Court Legal Service Committee. In view of the fact that once again delay has occurred, the period of surrender before the Court below is further extended by four weeks from today.

It is made clear that this is the last modification petition (relating to Cr. Misc. No. 23142 of 2022) that is being entertained.

(Rajiv Roy, J) Jagdish/Jyoti/- U T