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Patna High CourtCR. MISC./64250/2021allowed

Sudhir Singh @ Sudhir Yadav v. The State Of Bihar

2021-12-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64250 of 2021 In CRIMINAL APPEAL (SJ) No.3687 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== 1.

SUDHIR SINGH @ SUDHIR YADAV Son of Rajnandan Singh @ Rajnandan Yadav Resident of Village - Nanhubigha, P.S.- Haspura, Distt.- Aurangabad.

2.

Uday Yadav Son of Lalu Singh Resident of Village - Nanhubigha, P.S.- Haspura, Distt.- Aurangabad. ... Petitioners

Versus

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

For the Petitioners :

M/s Akhilesh Kumar Pandey & Bachan Jee Ojha, Advs.

For the Opposite Party :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2021 Heard Mr. Akhilesh Kumar Pandey, learned Advocate for the petitioners and Mr. Sadanand Paswan, learned Additional Public Prosecutor for the State.

The learned counsel for the petitioners prays for modification of the order dated 07.10.2021 passed in Criminal Appeal (SJ) No. 3687 of 2021 to the extent that the alias name of petitioner no. 1 as well as his father be specified in the order. The petitioner no. 1 namely Sudhir Singh has an alias name of Sudhir Yadav and his father Rajnandan Singh has an alias name of Rajnandan Yadav. The alias name of the petitioner no. 1 and his father could not be mentioned in the order dated 07.10.2021 because it had not been stated so in the petition which was filed before this Court.

Patna High Court CR. MISC. No.64250 of 2021(2) dt.22-12-2021 2/2 However, in view of the affidavit that petitioner no. 1 has an alias name of Sudhir Yadav whereas his father has also an alias name of Rajnandan Yadav, the prayer made in this petition is allowed.

The order dated 07.10.2021 is modified to the extent that the name of petitioner no. 1 and his father be read as Sudhir Singh @ Sudhir Yadav, son of Rajnandan Singh @ Rajnandan Yadav.

Since the petitioner no. 1 has not been allowed bail because of this, the time for him to surrender before the Court below to take advantage of the order dated 07.10.2021 is extended for a further period of four weeks.

Should the petitioner no. 1 surrender before the Court below within four weeks, to be counted from today, he shall be released on bail with the same terms and conditions which has been delineated in the order dated 07.10.2021. The application is allowed to the extent indicated above.

(Ashutosh Kumar, J) Shamshad/- U T