Patna High CourtCR. MISC./59274/2019disposed

Nitish Kumar v. The State Of Bihar

2020-02-26Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59274 of 2019 In CRIMINAL MISCELLANEOUS No.16188 of 2019 Arising Out of PS. Case No.-499 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Nitish Kumar, S/o Late Singheshwar Yadav, R/o village- Raghopur Hat, P.S.- Bakhtiyarpur, District- Patna 2.

Pankaj Kumar, S/o Sitaram Prasad Singh, R/o village- Raghopur Hat, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Kant Mishra For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-02-2020 Heard the parties.

This application has been filed for modification of order dated 19.06.2019 passed in Criminal Misc. No. 16188 of 2019.

Learned counsel for the petitioner submits that vide order dated 19.06.2019 passed in Criminal Misc. No. 16188 of 2019, the petitioners were directed to be released on bail in the event of arrest and surrender before the court below within a period of four weeks in connection with Bakhtiapur P.S. Case No. 499 of 2018, pending in the court of Additional Chief Judicial Magistrate, Barh, but at the time of filing of Criminal

Patna High Court CR. MISC. No.59274 of 2019(2) dt.26-02-2020 2/3 Misc. No. 16188 of 2019, the parentage name of both petitioners, namely, Nitish Kumar and Pankaj Kumar, whose names were shown as petitioner nos. 4 and 5, have wrongly been typed as "late Singheshwar Yadav" and "Sitaram Prasad Singh" respectively in place of "Ramyatan Singh @ Yatn Prasad" and "late Dinkar Prasad Yadav @ Dinkar Prasad" and the name of petitioner no. 5, "Pankaj Kumar" has wrongly been typed as "Pankaj Kumar @ Raju Kumar Gulshan" due to that reason, in the cause title of order dated 19.06.2019 passed in Criminal Misc. No.

16188 of 2019, the parentage name of petitioners, Nitish Kumar and Pankaj Kumar have wrongly been typed as "late Singheshwar Yadav" and "Sitaram Prasad Singh", respectively, in place of "Ramyatan Singh Yatan Prasad" and "late Dinkar Prasad Yadav @ Dinkar Prasad" and the name of petitioner no. 5, "Pankaj Kumar" has wrongly been typed in place of "Pankaj Kumar @ Raju Kumar Gulshan" and due to aforesaid reasons, petitioners could not surrender before the court below within the stipulated time.

In view of the above submission, in the cause title of order dated 19.06.2019 passed in Criminal Misc. No. 16188 of 2019, the parentage name of petitioner nos. 4 and 5, namely, Nitish Kumar and Pankaj Kumar be read as "Ramyatan Singh

Patna High Court CR. MISC. No.59274 of 2019(2) dt.26-02-2020 3/3 @ Yatn Prasad" and "late Dinkar Prasad Yadav @ Dinkar Prasad" respectively, and the name of petitioner no. 5 be read as "Pankaj Kumar @ Raju Kumar Gulshan". The period of surrender of petitioners is extended for four weeks from today. The order dated 19.06.2019 passed in Criminal Misc. No. 16188 of 2019 is modified to the said extent.

Accordingly, this application is disposed of. Bhardwaj/- (Rajendra Kumar Mishra, J) U T