Vikash Kumar @ Vikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73942 of 2023 In CRIMINAL MISCELLANEOUS No.42058 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== VIKASH KUMAR @ VIKASH SAH S/O PRAMOD SAH VILLAGEMADHUBANI, PS. SAHIYARA, DIST. SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-11-2023 Heard the parties.

Earlier the Cr. Misc. No. 42058 of 2023 preferred by the three petitioners were allowed on 02.08.2023. Now, the modification petition has been filed on behalf of the petitioner no. 1, Vikash Kumar @ Vikash Sah stating that wrongly in the bail application, the P.S. Case Number as also the home address was/were typed which resulted into the denial of the benefit of anticipatory bail to him. A perusal of the same would show that the matter relates to Sahiyara P.S. Case No. 40 of 2023 (and not Sahiyara P.S. Case No. 44 of 2023).

Further in the FIR, the village of the petitioner has been shown to be Madhubani under Sahiyara Police Station in

Patna High Court CR. MISC. No.73942 of 2023(2) dt.10-11-2023 2/2 the District of Sitamarhi which was wrongly typed in the bail application as Pitambarpur.

Accordingly, the modification petition is allowed subject to payment of Rs. 2,000/- to the Patna High Court Legal Services Committee and the address of the petitioner, Vikash Kumar @ Vikash Sah be read as follows:- "Vikash Kumar @ Vikash Sah, Gender-Male, S/O- Pramod Sah, R/O-Village-Madhubani, P.S.- Sahiyara, District-Sitamarhi."

The order stands modified accordingly.

In view of the fact that the petitioner, Vikash Kumar @ Vikash Sah failed to surrender due to wrong committed by the office of the lawyer appearing in the earlier anticipatory bail application, the period of surrender is further extended to four weeks.

(Rajiv Roy, J) Neha/- U T