Patna High CourtCR. MISC./76411/2023allowed

Mithilesh Ray @ Mithilesh Kumar v. The State Of Bihar

2023-11-24Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76411 of 2023 In CRIMINAL MISCELLANEOUS No.49510 of 2023 Arising Out of PS. Case No.-371 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== MITHILESH RAY @ MITHILESH KUMAR Son of Suresh Ray R/o vill - Lala Ke Tola, P.S. - Barhara, Distt. - Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-11-2023 Heard Ld. Counsel for the petitioner and Ld. APP for the State.

2. The present petition has been filed for modification/correction of order dated 23.08.2023 passed by this Court in Cr. Misc. No. 49510/2023 whereby the petitioner was directed to be enlarged on bail.

3. Ld. Counsel for the petitioner submits that inadvertently, in the previous Cr. Misc. No. 49510/2023, Barhara PS Case No. 371 of 2023 was typed whereas it should have been Barhara PS Case No. 317/2023. He also refers to the certified copy of FIR of Barhara PS Case No. 317/2023 in support of his submission. On account of wrong typing of PS Case, wrong PS Case crept in the order date 23.08.2023 passed by this Court in previous Cr. Misc. No. 49510/2023.

4. Accordingly, Barhara PS Case No. 371/2023 is

Patna High Court CR. MISC. No.76411 of 2023(2) dt.24-11-2023 2/2 corrected and be read as Barhara PS Case No. 317 of 2023.

5. Office is also directed to make necessary correction in the cause title of the present case correcting Barhara PS Case No. 371 of 2023 as Barhara PS Case No. 317 of 2023.

6. On account of aforesaid mistake, the petitioner could not surrender before the court below to furnish his bail bond, hence, the petitioner is granted further eight weeks' time to surrender before the court below to furnish the bail bond in terms of previous order dated 23.08.2023 passed in Cr. Misc. No.49510/2023.

7. Accordingly, the present petition for modification stands allowed.

8. This order will be integral part of order dated 23.08.2023.

(Jitendra Kumar, J) perwez/- U T