Patna High CourtCR. MISC./35369/2017disposed

Sanjay Kumar Sinha v. State Of Bihar And ANR

2017-09-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35369 of 2017 ====================================================== Sanjay Kumar Sinha S/o Late Manmohan Prasad, Proprietor of M/s Patna Solar System, Nutan Maha Laxmi Complex, Near- C.D.A., Opp. Building, P.S.- Gandhi Maidan, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar

2. Om Prakash Bhardwaj, S/o Jawahar Lal Bhardwaj, M/s Akshya Urjoni Shop, N.H.- 31, Traysic Chowk, Sona Jageshwar Complex, Begusarai851101, presently residing at Mohalla- Ashok Nagar, Ward No.- 36, P.S.- Town, District- Begusarai.

... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Narayan Mishra For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

This application has been filed on behalf of the petitioner for modification in the order dated 28.06.2017 passed in Criminal Misc. No.18557 of 2017.

Learned counsel for the petitioner submits that while it is stated in paragraph No.5 of the counter affidavit filed by the O.P. No.2 that in Darbhanga P.S. Case No. 84 of 2015 on investigation the Police submitted Chargesheet only under Section 188 of the Indian Penal Code, which is bailable in nature, but inadvertently in the order dated 28.06.2017 in second page in second line to the bottom, it is detailed that on investigation, the

Patna High Court Cr.Misc. No.35369 of 2017 (2) dt.20-09-2017 2/2 Final Form has been submitted by the Police on 11.03.2016. In view of the submission of the learned counsel for the petitioner, in the order dated 28.06.2017 passed in Criminal Misc. No.18557 of 2017 at second page in second line to bottom the words "On investigation, the Final Form has been submitted by the Police on 11.03.2016" be read as "On investigation, the Chargesheet has been submitted by the Police under Section 188 of the Indian Penal Code which is bailable in nature". With the aforesaid modification in the order dated 28.06.2017 passed in Criminal Misc. No.18557 of 2017, this application stands disposed of.

(Rajendra Kumar Mishra, J) manish/- U T