Rakesh Kumar @ Rakesh Kumar Kushwaha @ Rakesh Prasad Kushwaha @ Rahul Kumar Kushwaha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46703 of 2018 ======================================================

1. Rakesh Kumar @ Rakesh Kumar Kushwaha @ Rakesh Prasad Kushwaha @ Rahul Kumar Kushwaha, Son of Ramlal Prasad Kushwaha,

2. Tunu Kumar Kushwaha @ Tunua Kumar Prasad @ Tunna Prasad Kushwaha @ Santosh Kumar Prasad, Son of Ramchatri Prasad, Both are resident of Village- Sabeya Kala, Police Station- Chanpatiya (Sirisiya O.P.), District- West Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.7 For the Opposite Party/s : Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 Earlier petitioners were granted anticipatory bail vide order dated 9.5.2018 passed in Cr.Misc.No. 27412 of 2018 and the order was communicated to the court below.

This application has been filed for modification of the said order on behalf of petitioner Nos. 4 and 5 stating that their names had not been correctly mentioned in the petition as according to Aadhar Card their correct names should be Rakesh Kumar @ Rakesh Kumar Kushwaha @ Rakesh Prasad Kushwaha @ Rahul Kumar Kushwaha and Tunu Kumar Kushwaha @ Tunua Kumar Prasad @ Tunna Prasad Kushwaha @ Santosh Kumar Prasad.

Submission of learned counsel for the petitioners is that

Patna High Court Cr.Misc. No.46703 of 2018 (2) dt.01-08-2018 2/2 their names should correctly be read as stated above in the order dated 9.5.2018 passed in Cr.Misc.No. 27412 of 2018. In the facts and circumstances, I am not inclined to interfere with the earlier order as according to the petition and FIR their names were mentioned in the order.

If trial court is not satisfied, he should ask them to give an undertaking and file affidavit to that effect and then proceed with the matter and such type of objection is not proper. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U