Patna High CourtCR. MISC./847/2023allowed

Kundan Kumar @ Kundan Mahto v. The State Of Bihar

2023-01-18Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.847 of 2023 In CRIMINAL MISCELLANEOUS No.53265 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Kundan Kumar @ Kundan Mahto Son of Late Ram Pravesh Mahto, Resident of Village- Prem Nagar, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2023 Learned counsel for the petitioner submits that present application has been filed for modification in the order dated 21.10.2022 passed in Cr. Misc. No.53265 of 2022. Counsel for the petitioner submits that in the Cr. Misc. No.53265 of 2022 the name of P.S. Case Number has wrongly been typed as Dumra P.S. Case No.491 of 2020 instead of Runni Saidpur P.S. Case No.491 of 2020. He further submits that the said mistake was neither intentional nor deliberate, rather it is only due to typographical error which was ascertained only after disposal of Cr. Misc. No.53265 of 2022. He also submits that since it is a mistake took place on the part of petitioner, therefore, instead of requesting to place this case under heading to be mentioned, he has preferred to file the present Cr. Misc.

Patna High Court CR. MISC. No.847 of 2023(2) dt.18-01-2023 2/2 Application under Section 482 of the Cr.P.C.

Learned counsel for the State submits that this mistake is due to typographical error and may be corrected under jurisdiction of Section 482 of Cr.P.C.

In the present facts and circumstances of this case and the submissions made above, the order dated 21.10.2022 passed in Cr. Misc. No.53265 of 2022 is hereby modified and the case number which is Dumra P.S. Case No.491 of 2020 typed in the said order be read as Runni Saidpur P.S. Case No.491 of 2020. The order passed in the present Cr. Misc. shall be the part and parcel of order dated 21.10.2022 passed in Cr. Misc. No.53265 of 2022.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U