Patna High CourtCR. WJC/2783/2017disposed

Kashi Nath Chaubey v. The State Of Bihar Through The Principal Secretary, Mines And Geology Department, Government Of Bih

2018-01-09Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2783 of 2017 ====================================================== Kashi Nath Chaubey .... .... Petitioner/s

Versus

The State of Bihar Through The Principal Secretary, Mines And Geology Department, Government of Bihar, Patna & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-01-2018 I.A. No.283 of 2018 has been filed on behalf of the petitioner for modification of the order dated 09.01.2018 passed in this case by which a direction was issued to release the vehicle (tractor with trailer) on the terms and conditions which have been mentioned in the order itself.

Learned counsel for the petitioner submits that in fact in paragraph 1 of the main application he could not provide the registration number of the tractor as a result of which in the order passed by this Court the registration number of the tractor is not reflected.

A perusal of paragraph 1 of the main application shows that even though the petitioner had prayed for release of the vehicle (tractor with trailer) but only registration number provided therein is BR-24GA-6991 which according to the petitioner is

Patna High Court Cr. WJC No.2783 of 2017 (4) dt.31-01-2018 number of trailer and not of the tractor. The mistake seems to be bonafide and, therefore, the order dated 09.01.2018 is modified to the effect that in terms of the said order the tractor bearing Reg. No.BR-24GA-6843, if belongs to the petitioner, shall be released in his favour on the same terms and conditions which forms part of the order dated 09.01.2018. Rupees four lakhs surety bond is in fact applicable for tractor and trailer both. I.A. No.238 of 2018 stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T