Patna High CourtCR. MISC./53815/2019allowed

Ashique Mian @ Ashique Alam v. The State Of Bihar

2019-08-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53815 of 2019 In CRIMINAL MISCELLANEOUS No.31273 of 2019 Arising Out of PS. Case No.-85 Year-2017 Thana- KURTHA District- Jehanabad ====================================================== 1.

ASHIQUE MIAN @ ASHIQUE ALAM Son of Late Bhattu Mian Resident of Village/ Mohalla and P.O.- Kurtha, P.S.- Kurtha, Distt- Arwal 2.

Bashim Alam Son of Ashique Mian Resident of Village/ Mohalla and P.O.- Kurtha, P.S.- Kurtha, Distt- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This modification application has been filed for modification of order dated 23.07.2019 passed in Cr. Misc. No. 31273 of 2019, by which, the petitioner has been granted the privilege of anticipatory bail.

Submission of learned counsel for the petitioners is that due inadavertent mistake in the petition in satisfaction portion it has wrongly been mentioned as to the satisfaction of Ld. Chief Judicial Magistrate Jehanabad and the same has also been recorded in the order dated 23.07.2019 passed in Cr. Misc. No. 31273 of 2019, whereas, it should have been Ld. Addl. Chief Judicial Magistrate, Arwal and thus prayed for modification of order dated 23.07.2019 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.53815 of 2019(2) dt.28-08-2019 2/2 31273 of 2019.

Heard learned APP also.

Having heard both sides, in view of the above facts order dated 23.07.2019 passed in Cr. Misc. No. 31273 of 2019is modified to the extent that in the satisfaction portion of order dated 23.07.2019 passed in Cr. Misc. No. 31273 of 2019, it may be read as to the satisfaction of Ld. Addl. Chief Judicial Magistrate, Arwal in place of Chief Judicial Magistrate, Jehanabad and further two weeks' time from the date receipt of a copy of this order in the court below, is allowed to the petitioners to surrender in the court below.

Accordingly, this modification application is allowed. Let a copy of this order be communicated to the concerned court below forthwith.

(Vinod Kumar Sinha, J) sunilkumar/- U T