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Patna High CourtCR. MISC./70663/2021dismissed

Sulo Mahto @ Surendra Mahto v. The State Of Bihar

2021-12-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70663 of 2021 In CRIMINAL MISCELLANEOUS No.21329 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- JAMUI District- Jamui ====================================================== SULO MAHTO @ SURENDRA MAHTO Son of Kashi Mahto Resident of Village - Baruata, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The present modification application has been filed for modifying the order dated 17.11.2021 by which petitioner was granted bail on the ground that in para 7 of the bail application it was specifically pleaded that there is no injury report of the injured and as such the name of this petitioner was added superficially, since the pleading was very specific as such learned APP very fairly submitted that in view of pleading made in the bail application fact may be verified by the learned court below. The present modification application has been filed as it has been submitted by learned counsel that when the said pleading was made in the bail petition at that time the injury

Patna High Court CR. MISC. No.70663 of 2021(2) dt.22-12-2021 2/2 report was not record but subsequently it came on record. Learned APP submits that consideration for grant of bail was only that there was no injury report on record. Now since injury report is on record as such consideration no longer exists.

Considering the submissions of learned APP, the present modification application is dismissed with liberty to the petitioner to move a fresh.

(Satyavrat Verma, J) s.hassan/- U T