Patna High CourtCR. MISC./59599/2022allowed

Rajesh Yadav v. The State Of Bihar

2022-11-09Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59599 of 2022 In CRIMINAL MISCELLANEOUS No.47489 of 2021 Arising Out of PS. Case No.-168 Year-2019 Thana- AGIAON BAZAR District- Bhojpur ====================================================== RAJESH YADAV S/O BIRENDRA YADAV @ BIRENDRA @ VIRANDRA R/v- Lahthan, P.S.- Agiaon Bazar, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-11-2022 Heard, Mr. Anil Kumar Singh, learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

The Modification Application has been filed on behalf of the petitioner stating therein that on account of inadvertence in paragraph 3 of the bail application, the correct position of the criminal antecedent of the petitioner could not be mentioned on account of improper information. It is further submitted that the petitioner is also found accused in two other cases besides the cases mentioned in paragraph 3 of the bail application. The particulars of which have been mentioned in paragraph 5 & 6 of the Modification Application.

Learned counsel for the petitioner seeks apology for

Patna High Court CR. MISC. No.59599 of 2022(2) dt.09-11-2022 2/2 giving incorrect information in paragraph 3.

In view of the prayer made on behalf of the learned counsel for the petitioner, the Modification Application be treated as part of the main application and the statement with regard to the paragraph 3 of the main application be read along with paragraph 5 & 6 of the Modification Application. Accordingly, the order dated 13.07.2022 passed in Cr. Misc. No. 47489 of 2021 be modified to the extent indicated herein above.

Admittedly prima facie incorrect information has been given to this court, the petitioner is directed to deposit cost of Rs. 5,000/- to the Patna High Court Legal Service Committee within a period of four weeks from today.

The Modification Application stands allowed.

(Harish Kumar, J) shakir/- U