Patna High CourtCR. MISC./63389/2017disposed

Monu Kumar @ Ponga v. The State Of Bihar

2018-01-10Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.63389 of 2017 (2) dt.10-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63389 of 2017 ====================================================== Monu Kumar @ Ponga, Son of Chotte Lal Mahto, Resident of MohallaEast Lohanipur, P.S.- Kadam Kuan, District- Patna, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and the learned counsel for the State.

This application has been filed by the petitioner for modification in the order dated 12.12.2017 passed in Criminal Misc. No. 37418 of 2017 by this Court.

Learned counsel for the petitioner submits that the prayer for pre-arrest bail of the petitioner was rejected vide order dated 12.12.2017 passed in Criminal Misc. No. 37418 of 2017 in connection with Kankarbagh P.S. Case No. 138 of 2017, pending in the court of Judicial Magistrate Ist Class, Panta, but inadvertently in paragraph 4 of the aforesaid order it was mentioned that "petitioner is accused in Kankarbagh P.S. Case No. 138 of 2017 registered under Section 356, 379, 414 and 411/34 of

Patna High Court Cr.Misc. No.63389 of 2017 (2) dt.10-01-2018 the Indian Penal Code" on the basis of report submitted by the Senior Superintendent of Police, Patna, vide letter no. 61893 dated 05.09.2017. But the fact is that petitioner filed application for prearrest bail in the aforesaid Kankarbagh P.S. Case No. 138 of 2017. In that view of the matter, let paragraph no. 4 of second page of the order dated 12.12.2017 is modified only to the extent that "petitioner has no criminal antecedent apart from the present case" in place of "Further submission is that petitioner is accused in Kankarbagh P.S. Case No. 138 of 2017 registered under Section 356, 379, 414 and 411/34 of the Indian Penal Code".

Let this order be communicated to the court below through FAX.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T