Patna High CourtCR. MISC./77786/2024disposed

Shri Rai @ Shri Niwas Rai @ Shri Niwash Rai @ Sri Ray @ Niwas Ray @ Sri Niwas Ray v. The State Of Bihar

2024-11-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77786 of 2024 In CRIMINAL MISCELLANEOUS No.37634 of 2024 Arising Out of PS. Case No.-678 Year-2022 Thana- BIHTA District- Patna ====================================================== Shri Rai @ Shri Niwas Rai @ Shri Niwash Rai @ Sri Ray @ Niwas Ray @ Sri Niwas Ray Son of Late Kamat Rai Village -Amnabad, P.S-. Bihta, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel for the petitioner submits that petitioner was granted regular bail by order dated 27.09.2024 in Cr. Misc. No.37634 of 2024 with a condition that one of the bailor of the petitioner shall be his father Kamat Rai.

3. The learned counsel submits that father of the petitioner died on 15.06.1996 as would manifest from Annexure-P/2 to the supplementary affidavit issued by the Mukhiya.

4. It is submitted that at the time of filing of the regular bail application the said information was not provided to the learned Advocate on record, as such the word 'Late' was not

Patna High Court CR. MISC. No.77786 of 2024(2) dt.22-11-2024 2/2 prefixed before the name of the father of the petitioner.

5. In view of the submissions made by the learned counsel appearing on behalf of the petitioner the order dated 27.09.2024 in Cr. Misc. No.37634 of 2024 is modified to the extent that one of the bailor of the petitioner shall be his nephew Rahul Kumar who has sworn the instant modification application instead of the father of the petitioner.

6. The order dated 27.09.2024 in Cr. Misc. No.37634 of 2024 is modified to the extent indicated above. The petitioner shall be released on bail in the event if Rahul Kumar willing to furnish the surety.

(Satyavrat Verma, J) Prakash Narayan U T