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Patna High CourtCR. MISC./70086/2018disposed

Harishankar Baitha @ Pramod Kumar v. The State Of Bihar

2018-12-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70086 of 2018 In Criminal Miscellaneous No.48407 of 2018 Arising Out of PS. Case No.- Year- Thana- District- East Champaran ====================================================== Harishankar Baitha @ Pramod Kumar Son of Late Janghi Baitha Resident of Village-Sapaha,P.S. Ghodasahan,Distt.-East Champaran(Petitioner No.2 in Cr.Misc.No.48407 of 2018 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 By way of the present modification application, the petitioner seeks to modify the order dated 24.08.2018 passed in Cr. Misc. No. 48407 of 2018, by which, the petitioner along with others were granted the privilege of anticipatory bail. It has been submitted by learned counsel for the petitioner that vide order dated 24.08.2018, along with others, the petitioner was granted anticipatory bail, however, he could not furnish the bail bonds as his certificate name is Pramod Kumar, which was inadvertently been not mentioned by the petitioner in the anticipatory bail petition filed before the court below as well as before this Court and the informant has also lodged the case giving his alias name Harishankar Baitha, Son

Patna High Court Cr.Misc. No.70086 of 2018(2) dt.12-12-2018 2/2 of Jangi Baitha, however, his name has been mentioned in his certificates as Pramod Kumar. Therefore, learned counsel for the petitioner has prayed that the order dated 24.08.2018 passed in Criminal Miscellaneous No.48407 of 2018 may be modified and his certificate name Pramod Kumar may kindly be allowed to be added and the same may kindly be directed to be read as Harishankar Baitha @ Pramod Kumar.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, the petitioner is directed to move before the court below and file a petition to this effect and the court below after examining the correctness of submission of the petitioner and if it is found that Harishankar Baitha and Pramod Kumar are the names of petitioner, he will pass an appropriate order. Further two weeks' time from the date of receipt/production of a copy of this order, is allowed to the petitioner to surrender in the court below.

With the above observation, this modification application is disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T