Mukesh Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37918 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Mukesh Choudhary, S/o Ganga Prasad Chaudhari @ Ganga Choudhary,

2. Raja Choudhary S/o Ram Pravesh Choudhary,

3. Kailash Choudhary S/o Late Lakshmi Choudhary,

4. Surya Narayan Choudhary S/o Ramswaroop Choudhary, All residents of Vill.- Muzaffarpur, Ward no. 8, Bhavanandpur, P.S.- Birpur, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 11-07-2018 This matter has been listed under the heading "To be Mentioned" at the behest of learned counsel for the petitioners.

It appears that at page 2 in para 2 of order dated 05.07.2018 it has been wrongly recorded that it has been submitted on behalf of the petitioners that none received any injury whereas there is specific pleading in paragraph 6 of the petition that Constable Mirza Hussain received simple injury and the other Constable Binod Kumar was not treated at the hospital in question so there is no injury report with regard to the Constable Binod Kumar. It further appears that the name of the village of the

Patna High Court Cr.Misc. No.37918 of 2018 (3) dt.11-07-2018 petitioners has been mentioned in the petition as „Muzaffara‟ but it has wrongly been recorded in the cause title as „Muzaffarpur‟. In the circumstances, the order dated 05.07.2018 at page 2 para 2 is modified to the extent that it is submitted by learned counsel for the petitioner that injury of Constable Mirza Hussain has been found to be simple in nature when there is no injury report with regard to Constable Binod Kumar and the name of the village of the petitioners in the cause title be read as „Muzaffara‟.

Hence, let the modified order be uploaded on the website and the earlier order be offloaded. Let this order be communicated to the Court of learned Additional Chief Judicial Magistrate- Ist, Begusarai in connection with Birpur P.S. Case No. 15 of 2018. (Dinesh Kumar Singh, J) DKS/- U T