Patna High CourtCR. MISC./1232/2016disposed

Rupesh Paswan v. The State Of Bihar

2016-01-20Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1232 of 2016 ====================================================== Rupesh Paswan Son of Shivnandan Paswan (wrongly mentioned as S/o Shanker Paswan in Cr. Misc. No. 43173/), resident of village - Goregama, P.S. - Amarpur, District - Banka.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner. No one appears for the State.

The application has been filed for modification of the order dated 21.12.2015 passed in Cr.Misc.No. 43173 of 2015 to the extent that the name of the father of the petitioner is 'Shivnandan Paswan' instead of 'Shanker Paswan' and further prayer is to extend the time for surrender and furnishing bail bond by four weeks.

It is submitted by learned counsel for the petitioner that due to inadvertence the petitioner was described in the anticipatory bail application as son of 'Shanker Paswan' instead of 'Shivnandan Paswan' as the said Shanker Paswan is the uncle of the petitioner and not his father, which is evident from the FIR of the case where the petitioner has been described in the accused column as Rupesh Paswan, son of Shivnandan Paswan.

Patna High Court Cr.Misc. No.1232 of 2016 (2) dt.20-01-2016 In the aforesaid circumstances, learned counsel for the petitioner is permitted to make correction in the anticipatory bail application being Cr.Misc.No. 43173 of 2015 by correcting parentage of the petitioner from Shanker Paswan to Shivnandan Paswan.

Accordingly, in the order dated 21.12.2015 allowing the anticipatory bail application also the description of the petitioner should be correctly read as son of 'Shivnandan Paswan' instead of 'Shanker Paswan'. It is further directed that the time for surrender in the court below shall be extended to a further period of four weeks in continuation of the order dated 21.12.2015. The order dated 21.12.2015 passed in Cr.Misc.No. 43173 of 2015 shall stand modified to the above extent. (Ramesh Kumar Datta, J) spal/- U