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Patna High CourtCR. MISC./50832/2022disposed

Umesh Sahani @ Umesh Kumar Sahani v. The State Of Bihar

2022-09-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50832 of 2022 In CRIMINAL MISCELLANEOUS No.66951 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- BARUN District- Aurangabad ====================================================== 1.

UMESH SAHANI @ UMESH KUMAR SAHANI S/O KRISHNA SAHANI Resident of village- Agrwa near Bengali Lodge, P.S.- Motihari, District- East Champaran.

2.

LAL BABU MISTRY @ LAL BABU SAHANI S/O LATE ROOP NARAIN SAHANI Resident of village- Majuraha, P.S.- Piprakothi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks modification of the order dated 20.07.2022 in Cr. Misc. No. 66951 of 2021 and submits that in the cause title of petitioner no. 2 inadvertently before the name of his father the word 'late' was not prefixed, as such despite petitioner being granted anticipatory bail has not been able to seek bail, as there was defect in the description of his cause title. In view of the submission made by the learned counsel for the petitioners, let the description of petitioner no. 2

Patna High Court CR. MISC. No.50832 of 2022(2) dt.28-09-2022 2/2 be read as 'Lal Babu Mistry @ Lal Babu Sahani, Son of late Roop Narain Sahani, Resident of Village-Majuraha, P.S.- Piprakothi, District-East Champaran'.

Further, the time granted for surrender by order dated 20.07.2022 in Cr. Misc. No. 66951 of 2021 is extended by further two weeks from today.

The order dated 20.07.2022 in Cr. Misc. No. 66951 of 2021 is modified to the extent indicated above. In the event, if the petitioner does not surrender on or by 13.10.2022, the anticipatory bail order in Cr. Misc. No. 66951 of 2021 shall loose its effect against the petitioner no. 2. (Satyavrat Verma, J) Shivam/- U T