Bhim Nath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55632 of 2019 Arising Out of PS. Case No.-197 Year-2014 Thana- FORBESGANJ District- Araria ====================================================== BHIM NATH CHOUDHARY S/o Late Radheshwar Choudhary Resident of Bhargama, P.S.- Bhargama, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This case has been listed today under the heading "To Be Mentioned" at the instance of the petitioner. Submission of learned counsel for the petitioner is that in the third paragraph of order dated 03.09.2019, it has inadvertently been recorded that his father died and due to which, the petitioner could not perform his duties during the election, however, it was submitted that since the mother of the petitioner died, he could not perform his duties the election. In view of the submission of learned counsel for the petitioner, paragraph -3 of the order dated 03.09.2019 is modified to the extent that "his mother had died and due to which, the petitioner could not perform his duties during the

Patna High Court CR. MISC. No.55632 of 2019(3) dt.26-09-2019 2/2 election".

All other parts of the order dated 03.09.2019, shall remain intact.

Learned court below shall also consider this aspect of the matter on surrender of the petitioner, while disposing the prayer for bail of the petitioner, apart from other observations made in earlier order.

Let a copy of this order be communicated to the concerned court below forthwith.

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