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Patna High CourtCR. MISC./50639/2022allowed

Birendra Chaurasia @ Virendra Chaurasiya v. The State Of Bihar

2022-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50639 of 2022 In CRIMINAL APPEAL (SJ) No.1216 of 2021 Arising Out of PS. Case No.-392 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== BIRENDRA CHAURASIA @ VIRENDRA CHAURASIYA Son of Late Gautam Chaurasia Resident of Village - Tikuliya, P.s.- Chanpatia, Distt.- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kesu Ram @ Umesh Ram Son of Raj Kumar Ram Resident of Village - Tikuliya Ward no.11, P.s.- Chanpatia, Distt.- West Champaran. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

In compliance of the order dated 02.11.2022, Mr. Dilip Kumar, learned APP has filed a counter affidavit in Court. Let it be kept on record.

The present modification has been preferred on behalf of the petitioner to modify the order dated 30.06.2022 passed in Cr. Appeal (SJ) No.1216 of 2021.

It is submitted that according to the Aadhar Card the name of petitioner is mentioned as Virendra Chaurasiya, son of Mahant Chaurasiya, Ward No.10, Block Road, Chanpatia, West Champaran but the informant, while lodging the case, shown the

Patna High Court CR. MISC. No.50639 of 2022(3) dt.30-11-2022 2/2 father's name of the appellant/petitioner as Gautam Chaurasia, resident of village-Tikuliya, P.S. Chanpatia, District West Champaran, which is known in the area because the petitioner is the adopted son of the said Late Gautam Chaurasia. But, the father's name of the petitioner is mentioned in the Aadhar Card as Mahanat Chaurasia, who is natural father of the appellant. It is further submitted that while furnishing bail bonds when the Aadhar Card was produced due to difference in parentage it was not accepted.

In view of the aforesaid, learned court below is directed to accept the bail bond of the petitioner considering the parentage mentioned in the Aadhar Card as Virendra Chaurasiya, son of Mahant Chaurasiya, Ward No.10, Block Road, Chanpatia, West Champaran.

It is made clear that it is only for the purpose of the furnishing bail bonds and not for any future use. Accordingly, this modification application is allowed and the order dated 30.06.2022 is modified to the extent as indicated above and four weeks further time is granted to the appellant/petitioner for furnishing bail bonds. (Anjani Kumar Sharan, J) Trivedi/- U T