Nagendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19413 of 2023 In CRIMINAL APPEAL (SJ) No.499 of 2022 Arising Out of PS. Case No.-31 Year-2020 Thana- SAHODARA District- West Champaran ====================================================== 1.

NAGENDRA MISHRA Son of Late Bhaguri Mishra Resident of VillageBanbaria, P.S.-Sahodara, District-Bettiah (West Champaran) 2.

BABLU MISHRA Son of Sri Nagendra Mishra Resident of VillageBanbaria, P.S.-Sahodara, District-Bettiah (West Champaran) 3.

RAJAN MISHRA Son of Sri Nagendra Mishra Resident of VillageBanbaria, P.S.-Sahodara, District-Bettiah (West Champaran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kalika Nand Jha, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The present application has been filed for modification of order dated 02.08.2022, passed in Cr. Appeal (SJ) No.499 of 2022 to the extent of correcting the name of father of the appellant no.2 and to extend the period to surrender for appellant no.3.

It is submitted by learned counsel for the petitioners that name of father of the appellant no.2 (petitioner no.2 herein) has wrongly been mentioned as Magendra Mishra in place of "Nagendra Mishra", in the cause-title portion, as such, the same

Patna High Court CR. MISC. No.19413 of 2023(2) dt.05-04-2023 2/2 may be rectified.

Considering the submission of learned counsel for the petitioners, the order dated 02.08.2022 is modified to the extent that the name of father of appellant no.2 of Cr. Appeal (SJ) No.499 of 2022, mentioned at the cause-title portion be read as "Nagendra Mishra".

Furthermore, on the grounds mentioned in the modification application and in the interest of justice, the period to surrender for appellant no.3/petitioner no.3 (named above) is extended by four weeks from today, in connection with Sahodara P.S. Case No.31 of 2020, pending in the court of learned 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST, Bettiah, West Champaran, subject to deposit of Rs.2000/- (Rs. Two Thousand) in the Victim Compensation Fund, Bihar.

The order dated 02.08.2022 is modified to the extent as indicated above.

Accordingly, this modification application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T