Patna High CourtCR. MISC./71178/2019disposed

Raghu Yadav v. The State Of Bihar

2021-10-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71178 of 2019 In CRIMINAL MISCELLANEOUS No.74509 of 2018 Arising Out of PS. Case No.-75 Year-2016 Thana- BHORE District- Gopalganj ====================================================== Raghu Yadav, aged about 30 years (Male), Son of Rambilash Yadav Resident of Village - Sahuchak, P.S.- Phulwaria, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present application has been filed for modification of the orders dated 21.01.2019 and 17.07.2019 passed in Cr. Misc. No.74509 of 2018 and Cr. Misc. No. 30040 of 2019 respectively.

3. Learned counsel for the petitioner submits that inadvertently the details of the petitioner had been wrongly typed in the bail petition bearing Cr. Misc. No. 74509 of 2018 as well as in the modification petition bearing Cr. Misc. No. 30040 of 2019, wherein the name of the village of the petitioner as appearing in the party-position, had inadvertently been typed as "Koiladeva" in place of "Sahuchak", due to which the error also crept in the aforesaid

Patna High Court CR. MISC. No.71178 of 2019(3) dt.06-10-2021 2/2 orders dated 21.01.2019 and 17.07.2019 and, hence, the petitioner could not surrender before the court below within the stipulated time granted by this Court.

4. In view of the above, let the orders dated 21.01.2019 and 17.07.2019 passed in Cr. Misc. No.74509 of 2018 and Cr. Misc. No. 30040 of 2019 respectively be modified to the extent that in the cause-title, the name of the village of the petitioner "Koiladeva" be treated as corrected to read "Sahuchak".

5. Accordingly, the time for surrender of the petitioner and furnishing bail bond granted in terms of the order dated 21.01.2019 passed in Cr. Misc. No. 74509 of 2018 is extended by a further period of four weeks from today.

6. Modification petition stands allowed.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) rishi/- U T