Rahul Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49595 of 2016 ====================================================== Rahul Mishra S/o Shiv Kumar Mishra R/o village - Purab Khalwa, P.S. Nautan, District - Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2016 The present petition has been filed with a prayer to modify order dated 18-10-2016 passed in Cr. Misc. No. 43035 of 2016 only to the extent that in paragraph - 2 of the order, instead of custody since "27.07.2016", it was typed as "26.07.2016". It was submitted by learned counsel for the petitioner that in view of this error, the learned Addl. Chief Judicial Magistrate, Siwan has not bailed out the petitioner, whereas, the petitioner was ready with all the formalities. The order dated 18.10.2016 passed in Cr. Misc. No. 43035 of 2016 is modified to the extent that in paragraph - 2 of the order, in place of custody since 26.07.2016, it may be read as 27.07.2016.

It is surprising that despite the order for granting bail by this Court, on such a trivial issue, the learned Addl. Chief

Patna High Court Cr.Misc. No.49595 of 2016 (2) dt.17-11-2016 2/2 Judicial Magistrate, Siwan has detained the petitioner. The Court is of the opinion that conduct of the concerned Judicial Officer is required to be examined properly. Let this matter be placed before Hon'ble the Chief Justice for taking appropriate action against the concerned Judicial Officer.

(Rakesh Kumar, J.) Anay U T