Kundan Kumar Pathak @ Kundan Pathak @ Lalji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56717 of 2022 In CRIMINAL MISCELLANEOUS No.39366 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- SONPUR RAIL P.S. District- Saran ====================================================== KUNDAN KUMAR PATHAK @ KUNDAN PATHAK @ LALJI Son of Vinay Kumar Pathak Resident of Mohalla- Chaknur, Ward No.-05, P.S.- Dighwara, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-11-2022 Heard learned counsel for the parties.
In this case vide order dated 30.09.2022 passed in Cr. Misc. No. 39366 of 2022, the bail application of the petitioner was allowed.
The Modification Petition vide Cr. Misc. No. 56717 of 2022 has now been preferred stating therein that by mistake/typographical error, the Mohalla of the petitioner was written as "Chaldnur" in place of "Chaknur" and further the case arises out of "Sonepur Rail P.S. Case No. 28 of 2022" but was wrongly typed as "Sonepur Rail P.S. Case No. 22 of 2022".
As such, the "Sonepur Rail P.S. Case NO. 22 of
Patna High Court CR. MISC. No.56717 of 2022(2) dt.02-11-2022 2/3 2022" be read as "Sonepur Rail P.S. Case No. 28 of 2022". The order dated 30.09.2022 passed in Cr. Misc. No. 39366 of 2022 is modified to the following extent: The Mohalla of the petitioner be read as 'CHAKNUR'.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Rail Judicial Magistrate, Sonpur in connection with Sonpur Rail P.S. Case No. 28 of 2022 subject to the following conditions :- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.56717 of 2022(2) dt.02-11-2022 3/3 failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. The Modification petition stands disposed of. (Rajiv Roy, J) Jagdish/NehaU T