Patna High CourtCR. MISC./8094/2015allowed

Shiv Mandal v. The State Of Bihar

2015-04-08Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8094 of 2015 ====================================================== Shiv Mandal, son of Shri Musho Mandal @ Musharoo Mandal, resident of Village- Dakara Satkhazuriya, P.S.- Naya Ram Nagar, District- Munger. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Subhash Kumar Jha, Advocate. For the Opposite Party : Mr. Sanjay Kumar Sharma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-04-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The present modification petition has been filed for correcting the name of the Village of the petitioner in Cr. Misc. No. 30411 of 2014, whereby this petitioner had been granted bail and directed to furnish bail bonds, vide order dated 03.09.2014. The modification petition was necessitated on account of the fact that the petitioner, namely, Shiv Mandal, Son of Shri Musho Mandal @ Musharoo Mandal, resident of Village-Dakara Satkhazuriya, P.S. Naya Ram Nagar, District-Munger. However, in the jail records, the Village of the petitioner, namely, Shiv Mandal, Son of Shri Musho Mandal @ Musharoo Mandal, had been recorded as Village- Patel Nagar Dakara Nala, P.S. Naya

Patna High Court Cr.Misc. No.8094 of 2015 (2) dt.08-04-2015 2 / 3 Ram Nagar, District-Munger, instead of Village-Dakara Satkhazuriya.

Learned counsel for the petitioner has produced a certified copy of the order dated 08.07.2014 passed by the court below in Sessions Trial No. 92 of 2014 but (at pages 3 and 4 of the order it has wrongly been mentioned as Sessions Trial No. 92 of 2012). In the said order, the petitioner's name and village have been entered as Village- Dakra Satkhazuriya, P.S. Naya Ram Nagar, District-Munger.

Considering the aforementioned submissions, the modification application filed by the petitioner is allowed and the order dated 03.09.2014, passed in Cr. Misc. No. 30411 of 2014, is modified/clarified to the extent that the petitioner's name and address shall be read as 'Shiv Mandal, Son of Shri Musho Mandal, resident of Village- Dakara Satkhazuriya Nala, P.S. Naya Ram Nagar, District-Munger", not as 'Patel Nagar Dakara Nala, P.S. Naya Ram Nagar, District-Munger' as has found entry in the jail records due to some misunderstanding on the part of the jail authority. The jail authority and prosecuting agency may verify the same and correct whichever is on the record, a certified copy of the order dated 08.07.2014, passed in Sessions Trial No. 92 of 2014, is kept on the record.

Patna High Court Cr.Misc. No.8094 of 2015 (2) dt.08-04-2015 3 / 3 Accordingly, the order dated 03.09.2014, passed in Cr. Misc. No. 30411 of 2014, stands modified/clarified to the extent as indicated above.

U.K./- (Anjana Mishra, J) U T