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Patna High CourtCR. MISC./53621/2016allowed

Kashi Kumar @ Rajpal Yadav v. The State Of Bihar

2017-01-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53621 of 2016 ====================================================== Kashi Kumar @ Rajpal Yadav son of Late Yamuna Yadav @ Kali Yadav resident of Village - Naya Tola Jurab Ganj, P.O. - Musapur, P.S. - Kodha, District - Katihar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Krishna Chandra,Advocate For the Opposite Part : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed for modification of order dated 29.09.2016, in para 2 of which the petitioner is stated to be in custody since 15.07.2015.

3. Learned counsel for the petitioner submits that due to sheer inadvertence the date was mentioned in para 16 of the bail petition as 15.07.2015 in place of correct date 15.07.2016 which was accordingly carried in the aforesaid order of this Court as well. The error is wholly bonafide as the correct date 15.07.2016 has been mentioned in the order of learned Sessions Judge itself.

4. In the above view of the matter, this Court is satisfied that the error in mentioning the date as 15.07.2015 in para 16 of the bail petition was inadvertent and bonafide. Accordingly, let

Patna High Court Cr.Misc. No.53621 of 2016 (2) dt.25-01-2017 para 2 of the order dated 29.09.2016 be treated as corrected to read the date as 15.07.2016, since the date when the petitioner is in custody.

5. The modification petition stands allowed.

(Vikash Jain, J) Chandran/BT U T