Naveen Benjamin @ Naveen Benjamin Rami @ Naveen Benjamin Remy @ Navin Benjamin Remy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48141 of 2025 In CRIMINAL MISCELLANEOUS No.83902 of 2024 Arising Out of PS. Case No.-888 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Naveen Benjamin @ Naveen Benjamin Rami @ Naveen Benjamin Remy @ Navin Benjamin Remy S/o- Remi Anthony @ Remy Anthony Village- New Rahimabad Shantinagar, PS- Sarojini Nagar, District- Luknow, Uttar Pradesh, Address in FIR Navin Benjamin, S/o- Late Remi @ Banarsi R/o- Christian Quanter Ps- Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Roona, Adv.
For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-07-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. Counsel for the petitioner submits that anticipatory bail has been granted to the petitioner vide order dated 12.05.2025 passed in Cr. Misc. No.83902 of 2024. He further submits that within the time limit, the petitioner has visited the trial court with his bail bond, but trial court has refused to accept the same only on the ground that address of the petitioner given in the FIR and address in the bail application did not tally.
3. Counsel for the petitioner thereafter has filed the present modification petition and submits that the address of the
Patna High Court CR. MISC. No.48141 of 2025(2) dt.11-07-2025 2/3 petitioner mentioned in the FIR, is absolutely false. He further submits that since address was false, therefore counsel has advised to his client to provide correct and present address in the bail petition. It is due to this reason the current address has been described in the bail petition and the said address has come in the title page and subsequently, in the order sheet also.
4. Counsel further submits that when the bail bond has not been accepted by the trial court then the petitioner has filed the present application so that the said mistake may be corrected. He further submits that this mistake occurred due to ill advise of the counsel and petitioner has no fault in this matter. Therefore, counsel submits that the present modification may be allowed.
5. Counsel for the State submits that under Section 522 of the BNSS, the Court has ample power to consider such aspect of matter in the interest of justice.
6. In this view of the matter, let the present modification application is hereby allowed. The address mentioned in the title page of the present modification application that is the current and present address as well as the address in the FIR shall be treated as part and parcel of order dated 12.05.2025 passed in Cr. Misc. No.83902 of 2024.
Patna High Court CR. MISC. No.48141 of 2025(2) dt.11-07-2025 3/3
7. It is made clear that the time of surrender i.e., 6 weeks granted to the petitioner, shall be counted from today.
8. Accordingly, the present modification application stands allowed.
(Dr. Anshuman, J.) Prakashmani/- U T